BASIC (11-96)

A. Procedure - FO initial for U.S. citizens

1. U.S. citizenship established

If evidence of U.S. citizenship is established based on the claimant's Numident (RS 00204.015), SSR or prior archived claim, enter an issue code of CITZ on the Remarks (RMKS) screen with the code (e.g., NUMI) as the document type used to prove citizenship/alien status; or

If a document listed in GN 00303.300B is used to prove U.S. citizenship, enter an issue code of CITZ on the RMKS screen and the code for the document type used to prove citizenship/alien status (e.g., BC). The document type and what to code on the RMKS screen are listed in GN 00301.288B.

NOTE: Do not enter an issue code of CITZ on the RMKS screen if a U.S. born citizen presents a public record of birth recorded before age 5, or our records indicate such evidence was previously presented (e.g., IDN code of P on the NUMI, RS 00204.015A).

2. U.S. citizenship not established

If evidence of citizenship is not available when the claim is received, enter an issue of LAWFUL on the Development Worksheet (DW01) screen. Do not SPORT a disability claim or adjudicate a claim, until this issue is resolved. If adjudication has been delayed and alien status has expired, recontact to determine current status.

If the claim will be denied because a factor of entitlement is not met (i.e., relationship), process as a regular denial.

If evidence of U.S. citizenship is not provided, follow the procedures in RS 00204.040D to suspend for failure to cooperate (FTC).

3. Processing claim

Process the claim following current procedures. No listing, diaries, or special notice language is required.

B. Procedure - FO initial claims - alien does not need reverification

Use the MCS Earnings Computation (EC) facility or the automated 101 (A101) procedures to process initial claims for aliens whose status will not need reverification. Do not use the Claims Automated Processing System (CAPS).

1. Claim processed through MCS EC

If the claim can be processed through MCS EC, follow current instructions to adjudicate the claim and take the following additional actions:

• Document the RMKS screen with the issue code CITZ and the code for the Department of Homeland Security (DHS) form number used to prove LAPR or other lawful alien not needing reverification of status as defined in RS 00204.025A (e.g., I-551, I-94).

• If evidence of lawful presence is not available when the claim is received, enter an issue of LAWFUL on the DW01 screen. Do not SPORT a disability claim or adjudicate a claim until this issue is resolved. If adjudication has been delayed and alien status has expired, recontact to determine current status.

  If the claim will be denied because a factor of entitlement is not met (i.e., relationship), process as a regular denial.

  If evidence of lawful presence is not provided, follow the procedures in RS 00204.040D to suspend for failure to cooperate.

• Enter listing code 417 on the DECI screen. No diary or special notice language information is required.

  NOTE: Listing code 417 identifies LAPR aliens and other aliens not needing reverification of lawful alien status. Identify with remark, “ALIEN-DO NOT REVERIFY STATUS.”

• Prepare an SSA-5015-U2 (paper) with the listing code 417 plus the remark “ALIEN-DO NOT REVERIFY STATUS.”

• Prepare an SSA-3601, Non-CAPS Routing Sheet, and check “SSA-5015-U2 needed.” Also check “2.” MCS Processing Completed but Additional Action Required.” Check the appropriate item a-d.

2. Claim cannot be processed through EC

If the claim cannot be processed through EC (an MCS limitation or exclusion applies), process the claim using the A101 and take the following actions:

• Document the RMKS screen with the issue code CITZ and the code for the DHS form number used to prove LAPR or other lawful alien status not needing reverification as defined in RS 00204.025A (e.g., I-551, I-94).

• If evidence of lawful presence is not available when the claim is received, enter an issue of LAWFUL on the DW01 screen. Do not SPORT a disability claim or adjudicate a claim until this issue is resolved. If adjudication has been delayed and alien status has expired, recontact to determine current status.

  If the claim will be denied because a factor of entitlement is not met (i.e., relationship), process as a regular denial.

  If evidence of lawful presence is not provided, follow the procedures in RS 00204.040D to suspend for failure to cooperate.

• Enter listing code 417 on the DECI screen. No diary or special notice language is required.

• Enter the following in the REMARKS field of the BCF/Remarks/Notice (BCRN) screen:

LISTING CODE 417 - BIC “ALIEN-DO NOT REVERIFY STATUS.”

• Prepare an SSA-5015-U2 (paper) with the listing code 417 plus the remark “ALIEN-DO NOT REVERIFY STATUS.”

• Check the DIARY ACTION NEEDED-SSA-5015 ENCLOSED field on the ROUTING SHEET (COVR).

C. Procedure - FO initial claims - alien needs reverification

Use the MCS Earnings Computation (EC) facility or the automated 101 (A101) procedures to process these claims. Do not use the Claims Automated Processing (CAPS) system.

1. Claim processed through MCS EC

If the claim can be processed through MCS EC, follow current processing instructions and take the following additional actions:

• Document the RMKS screen with the issue code CITZ and the code for the DHS form number used to prove lawful presence as defined in RS 00204.025A (e.g., I-94).

• If evidence of lawful presence is not available when the claim is received, enter an issue of LAWFUL on the DW01 screen. Do not SPORT a disability claim or adjudicate a claim until this issue is resolved. If adjudication has been delayed and alien status has expired, recontact to determine current status.

If the claim will be denied because a factor of entitlement is not met (i.e., relationship), process as a regular denial.

2. Lawful alien status has expired or expires within 60 days

If the document presented indicates that lawful alien status has expired or will expire within 60 days from the date the application is received, apply the following:

• Explain to the alien that if he/she plans to stay in the U.S. (or beyond the expiration date), he/she must contact DHS to update his/her lawful status and provide evidence of status extension or a change in status to SSA. Explain that if the evidence of status extension or change in status is not presented to SSA timely, benefits will be suspended.

• Designate the dictated text UTI of INFD02 on the Notice 3 (NOT3) screen and annotate the cover sheet with the need for special language involving lawful presence paragraphs S24 and J13.

• Enter a listing code of 418 on the DECI screen.

  NOTE: Listing code 418 identifies aliens needing reverification of lawful presence. Identify with remark, “ALIEN-REVERIFY STATUS.”

• Prepare an SSA-5015 (paper) with the listing code 418 plus the remark “ALIEN-REVERIFY STATUS.”

• Prepare a separate 5015-U2 with the remark “SUSPEND BENEFITS S9 MMYY WITH AN RFST OF NOTLAW” (e.g., if document expires 1/19/97, benefits should be suspended 01/97).

  NOTE: NOTLAW identifies a suspension for reason of not lawfully in the U.S.

• Prepare an SSA-3601, Non-CAPS Routing Sheet, and check “SSA-5015-U2 needed.”

3. Lawful alien status expires within more than 60 days

If the document presented indicates that lawful alien status will expire more than 60 days from the date the application is received:

• Enter diary code 25 and a due date in the diary field of the DECI screen of:

  60 days prior to the expiration date on the DHS document, or in the case of “indefinite” stay (unless otherwise specified in RS 00204.025A), 1 year from the date the claim is adjudicated.

• Designate the dictated text UTI of INFD02 on the Notice 3 (NOT3) screen and annotate the cover sheet with the need for special language involving lawful presence paragraphs S24 and J13.

• Enter a listing code of 418 on the DECI screen.

• Prepare an SSA-5015-U2 (paper) with the listing code 418 plus the remark “ALIEN-REVERIFY STATUS.”

• Prepare a separate SSA-5015-U2 with diary code 25 and the diary due date plus the remark “SUSPEND BENEFITS S9 MMYY WITH AN RFST OF NOTLAW” (e.g., if document expires 1/19/97, benefits should be suspended 01/97).

• Prepare an SSA-3601, Non-CAPS Routing Sheet, and check “SSA-5015-U2 needed.”

4. Case cannot be processed through EC

If the case cannot be processed through EC (an MCS limitation or exclusion applies), process the case using the A101 and take the following additional actions:

• Document the RMKS screen with the issue code CITZ and the code for the DHS form number used to prove lawful presence as defined in RS 00204.025A (e.g., I-94).

• If evidence of lawful presence is not available when the claim is received, enter an issue of LAWFUL on the DW01 screen. Do not SPORT a disability claim or adjudicate a claim until this issue is resolved. If adjudication has been delayed and alien status has expired, recontact to determine current status.

  If the claim will be denied because a factor of entitlement is not met (i.e., relationship), process as a regular denial.

• If the document presented indicates that lawful alien status will expire within 60 days from the date the application is received:

  • Explain to the alien that if he/she plans to stay in the U.S. beyond the expiration date, he/she must contact DHS to update his/her lawful status and provide evidence of status extension or a change in status to SSA. Explain that if the evidence of status extension or change in status is not presented to SSA timely, benefits will be suspended.

  • Prepare an SSA-5015-U2 (paper) with listing code 418 plus the remark “ALIEN-REVERIFY STATUS,” and a separate SSA-5015-U2 with TOE code 210 “SUSPEND BENEFITS S9 MMYY WITH AN RFST OF NOTLAW” (e.g., if document expires 1/19/97, benefits should be suspended 01/97).

  • Annotate the cover sheet with the need for an SSA-5015-U2 listing code 418 plus remark “ALIEN-REVERIFY STATUS-SUSPEND BENEFITS S9 MMYY WITH AN RFST OF NOTLAW.”

  • Enter the following in the REMARKS field of the BCRN screen:

    LISTING CODE 418 - BIC “ALIEN-REVERIFY STATUS.”

5. Lawful alien status will expire more than 60 days

If the document presented indicates that lawful alien status will expire more than 60 days from the date the application is received:

• Enter diary code 25 and a due date in the diary field on the DECI screen of:

  60 days prior to the expiration date on the DHS document, or in the case of “indefinite” stay (unless otherwise specified in RS 00204.025D), 1 year from the date the claim is adjudicated.

• Prepare an SSA-5015-U2 (paper) with listing code 418 plus the remark “ALIEN-REVERIFY STATUS,” and a separate SSA-5015-U2 with TOE code 210 and diary due date stating “SUSPEND BENEFITS S9 MMYY WITH AN RFST OF NOTLAW” (e.g., if document expires 1/19/97, benefits should be suspended 01/97).

• Annotate the cover sheet with the need for an SSA-5015-U2 listing code 418 plus remark “ALIEN-REVERIFY STATUS;” and enter diary code 25 and due date stating “SUSPEND BENEFITS S9 MMYY WITH AN RFST of NOTLAW.”

• Enter the following in the REMARKS field of the BCRN screen:

LISTING CODE 418 - BIC “ALIEN-REVERIFY STATUS, DIARY 25 DUE DATE MMYY.”

• Designate an incomplete notice on the NOT2 screen and annotate the cover sheet with the need for special language involving lawful presence paragraphs S24 and J13.

• Check the DIARY ACTION NEEDED-SSA-5015-U2 ENCLOSED field on the ROUTING SHEET (COVR).

D. Procedure - FO initial claims - Failure to Cooperate (FTC)

If the alien fails to cooperate and does not provide evidence of citizenship or lawful presence in the U.S., process the case as an MCS limitation using the A101 and take the following additional actions:

• Enter listing code 419 on the DECI screen.

  NOTE: Listing code 419 identifies an alien who has failed to cooperate in providing evidence of lawful presence in the U.S. and whose status is unknown. Identify with remark, “ALIEN FTC-LAWFUL PRESENCE UNKNOWN.”

• Prepare an SSA-5015-U2 (paper) with listing code 419 plus remark “ALIEN FTC-LAWFUL PRESENCE UNKNOWN-BENEFITS SUSPENDED.”

In dual entitlement cases, when the other entitlement is based on an application filed before December 1, 1996, also enter the following:

“THIS ACTION DOES NOT AFFECT ENTITLEMENT ON (SSN) (BIC).”

• Designate an incomplete notice on the NOT2 screen and the cover sheet with the need for special language involving lawful presence paragraphs S24, S25 and G46.

• Check the DIARY ACTION NEEDED-SSA-5015-U2 ENCLOSED field on the ROUTING SHEET (COVR).