TN 11 (12-99)

CITATIONS:

Act as amended, section 1631; 20 CFR 416.1404, 416.1336, 416.558, 416.630

A. Introduction

This subchapter provides an overview of supplemental security income (SSI) notices. We send SSI written notices to individuals about changes on their SSI records and actions that can affect their SSI benefits. Both systems-generated notices and manually prepared notices are on prescribed forms and give appeal rights when applicable.

B. Policy

1. When we send a notice

We send a notice for:

1. All actions that affect eligibility or payment amount (initial determinations). The notice explains the basis for the action and how to appeal.

   When we reduce, suspend or terminate benefits (adverse actions), we send an advance notice at least 15 days before the month the action applies. It usually gives the individual 10 days (30 days for computer matching cases) to continue the same payment and other appeal rights.

2. Some actions individuals cannot appeal. These include eligibility for advance payments and presumptive disability/blindness payments, dismissing duplicate applications, and a finding that good cause for extending appeal periods does not exist.

3. All decisions that an individual can appeal. The notice explains the reasons for our decision and further appeal rights.

4. All representative payee actions.

2. When a notice is not required

We do not send a notice for:

1. Redeterminations that result in no change.

2. Payments stopped due to death of the recipient except in cases where there is a representative payee, or a survivor we may be able to pay (SI 02101.008).

3. Who receives notices

1. We send notices to all SSI claimants and recipients who are:

   • legally competent adults, or

   • minor children who are paid directly because they meet the criteria in GN 00502.070.

2. We send notices and/or notice copies to all representative payees, authorized representatives, attorneys, and/or legal guardians for SSI claimants and recipients.

NOTE: Whenever the system sends an automated SSI notice to a claimant /recipient, a copy is sent to the representative payee and the individual's authorized representative (if the representative's name and address are on the supplemental security record (SSR)). (See NL 00801.010B. for exceptions to automated notices.)

3. We send notices to legally incompetent adults only when we develop for and select a representative payee.

4. Who does not receive notices

We do not send a notice to a claimant or recipient who has a representative payee acting for them and who is:

• a legally incompetent adult, or

• a minor child.

5. Notices to blind individuals

We send notices to blind individuals who may choose how they want to receive notices. See NL 01000.000.

C. Procedure

1. Forms

Use standard forms with headings and form numbers appropriate to the type of action and the appeal rights for the action.

2. Enclosures

Enclose with notices any pamphlets, informational work incentive enclosure, and SSI overpayment payment stubs and refund envelopes as appropriate:

3. Mailing

1. Date manually prepared notices the day you mail them.

2. Allow 5 days mailing time from the date on the notice to determine the:

   • 10-day period for payment continuation,

   • 30-day period for payment continuation and to refute computer matching data for notices resulting from a computer match, and

   • 60-day appeal period.

     NOTE: Assume an automated notice is received 5 days after the date on the notice. However, occasionally there are delays in issuing these notices. When Central Office (CO) becomes aware of a mailing delay, a NEWS item is issued to alert field offices (FOs) of the problem. An extension of recipients' appeal rights is given in these situations.

D. References

• Initial Determinations, Including Notice Requirements, SI 04010.010 ff.

• Reconsiderations, Including Notice Requirements, SI 04020.010 ff.

• Administrative Law Judge Hearing Process, SI 04030.010 ff.

• Appeals Council Review, SI 04040.010 ff.

• Notices Required for Representative Payee Actions, NL 00703.769, NL 00801.005, and NL 00801.010

• Processing Changes of Address and Undeliverable Notices, GN 02605.035, NL 01001.440, and SI 02306.010

• Posteligibility Events, Adverse Actions and Notice Requirements, SI 02301.001 ff.

• Notice Requirements for Computer Matching Cases, SI 02310.005 ff.

• Special Notice Options for the Blind or Visually Impaired, NL 01000.000

• Notices for Actions with No Appeal Rights, NL 00803.075

• Notice Requirements for Drug Addicts and Alcoholics

• System Input Instructions for Representative Payee Cases, SM 01005.380 and SM 01301.625

• System Input Instructions for Spanish Language Notices, NL 00801.025B.2.a.