RS 00205: Student Benefits
A. Background
When the student provisions of the 1981 amendments were implemented, SSA had information showing that schools in the preparatory cycle (“media superior”) were not considered part of the secondary school system in Mexico.
In 8/86, SSA determined that preparatory and some preparatory-level technical schools as part of secondary schools since at least 1981.
Thus, students at FTA at such schools could qualify for Social Security benefits.
B. Operating policy
This revision in the EI status of these schools applied to all pending claims. SSA previously denied claims under the 4-year rule of administrative finality, based on new and material evidence. SSA considered then reopened as of 8/1/86.
No special effort was made to identify previously denied claims. They were reopened as they came to SSA's attention in the normal course of events.
No action was taken to revise a previously denied claim unless to do so would, or would be likely to, result in the payment of benefits to the student or there was a request for student benefits.
C. Process description
Where a previously denied claim was reviewed to determine if it would be revised and determination made not to revise the denial, the file was documented to show the basis for this action.
If the review was the result of an inquiry from the student and the determination was not revised (e.g., all factors of entitlement were not met), the student was advised of the reason the decision could not be revised.