TN 10 (09-01)

Citations:

Social Security Act 1611(c)(7)

A. Introduction

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193, establishes a new point at which supplemental security income (SSI) payments can begin. We are calling this date the application effective date. The change in law is effective for applications filed on or after 8/22/96.

B. Policy

SSI payments (including Presumptive Disability or Presumptive Blindness (PD/PB) payments) cannot begin before the application effective date. See SI 02004.005A. for emergency advance payments made before the first month of eligibility for payment. For applications filed on or after 8/22/96, the earliest possible date for which benefits can begin is 9/1/96. Contact your regional office for instructions on processing claims filed before 8/22/96.

The application effective date is the first day of the month following the later of the date the:

• application is filed; or

• individual becomes eligible for such benefits.

C. Procedure

1. Advise the Claimant

Advise the claimant of the following:

• Payments can only be made beginning with the application effective date.

• He/she still has the right to withdraw the application and file a new one if doing so would result in a more advantageous payment.

• The approximate date he/she can receive the award/denial notice.

2. Coding the Claim

a. Modernized Supplemental Security Income Claims System (MSSICS) Inputs

Enter the date the application is filed (enter the protective filing date, if an open protective filing exists) in EFFECTIVE FILING DATE on the SSI Claims Application (ACLM) screen.

NOTE: The protective filing date is always material since the date could have an impact on eligibility and payment (see SI 00601.015 for Title XVI protective filing date policy and GN 00204.007 for determining the application filing date).

EXCEPTION: Age 65 Attainment

If the application filing date is before the date of attainment of age 65, enter the date the claimant attains age 65 in EFFECTIVE FILING DATE on ACLM. If the protective filing date, receipt date and the date of attainment of age 65 fall within the same month, enter the receipt date in EFFECTIVE FILING DATE but only if the receipt date is later than the date of attainment of age 65. This exception is based on a systems limitation. When the Exception applies and the receipt date or date of attainment of age 65 (rather than the protective filing date) is entered in MSSICS as the application date, annotate the Supplemental Security Record (SSR) remarks field with the claimant's correct filing date.

REMINDER: An individual attains age 65 on the day before his/her birthday.

b. Non-MSSICS Inputs

On the SSA-450-SI, code the Application Date (AP) field with the date the application is filed. If protective filing date exists, enter that date in the AP field. For Aged Claims see SI 00601.009C.2.a. EXCEPTION for further coding instructions.

NOTE: Using the coding instructions in SI 00601.009C.2.a. or SI 00601.009C.2.b. enables the system to compute the correct first month of eligibility and show the correct computation and payment status history on the Supplemental Security Record (SSR). The system will post payment status code E02 for the first month the claimant meets all factors of eligibility. The E02 code is a systems derived payment status code. (See SM 01305.001 for title XVI payment status codes.)

3. Determining Eligibility

If the claimant is eligible for 1 month during the evaluation period and ineligible for all remaining months, complete all development and documentation to confirm eligibility for the E02 month even though no payment is possible (including a disability decision if the claimant is filing for disability benefits). If the claimant's circumstances change within 12 months, a new application is not required. Include the appropriate automated paragraphs on the notice of award that explain no payments are possible for the first month of eligibility and that a new application is not required if eligibility is possible within 12 months.

4. Attainment of Age 18 and Deeming Applies

If the claimant is applying for disabled child's benefits in the month he/she attains age 18 and parental deeming applies which makes the claimant ineligible for SSI, take the disabled child's claim on MSSICS. Enter the date the application is filed in EFFECTIVE FILING DATE on the ACLM screen. MSSICS will change the claim type to disabled individual in the month following the month of attainment of age 18 when deeming no longer applies. The system will correctly show N01 for the month of filing and E02 for the first month of eligibility.

For non-MSSICS inputs, take the disabled child's claim and input the date the application is filed in the AP field on the SSA-450-SI. Also enter the parental deeming information for the filing date month. Once the SSA-450-SI is input, follow the instructions in SM 01305.770 for changing the record composition on the system to disabled individual for the month following the month of attainment of age 18.

NOTE: Please refer to SI 00515.010 for Processing Certain Financial Permission Cases When a Deemor Refuses Permission and the Claimant Turns Age 18.

D. Examples

1. Aged Claim – Application Filing Date is Before Attainment of Age 65 But Within the Same Month

Mr. Smith files a SSI application in the field office (FO) on 9/15. He will attain age 65 on 9/29 and the FO determines that he meets all other factors of eligibility for September. His first payment will be on 10/1.

For MSSICS inputs, enter 9/29 in EFFECTIVE FILING DATE on ACLM and 9/15 in RECEIVED on the Development Worksheet (DW01) for application.

For non-MSSICS inputs, enter on the SSA-450-SI, 9/29 in AP and 9/15 in Date of Filing (DF).

If Mr. Smith had excess resources in September and spent down in September, he would be eligible for SSI benefits 10/1. Assuming he meets all other factors of eligibility for October, his first payment would be on 11/1.

For MSSICS inputs enter 9/29 in EFFECTIVE FILING DATE on ACLM and enter 9/15 in RECEIVED on DW01 for application. The Adjudicative Decision (DADJ) screen should reflect the payment status (PS) codes: N04, EFFECTIVE DATE 09/01 and C01, EFFECTIVE DATE 10/01.

For non-MSSICS inputs on the SSA-450-SI, enter AP 9/29, DF 9/15, PS N04 09/01 and C01 10/01.

NOTE: The system will overlay C01 with E02 for 10/1.

2. Aged Claim – Application Filing Date is Before Attainment of Age 65 But Attainment is in a Later Month

Mr. Bowman files an SSI application in the FO on 9/5. He will attain age 65 on 10/19 and the FO determines that he meets all other factors of eligibility for October. The E02 month is October and his first payment will be on 11/1.

For MSSICS inputs, enter 10/19 in EFFECTIVE FILING DATE on ACLM and 9/5 in RECEIVED on DW01 for application.

For non-MSSICS inputs, enter 10/19 in AP and 9/5 in DF on the SSA-450-SI.

3. Disability Claim -– Protective Filing Date and Receipt Date are in Different Months

Ms. Jones contacts the Teleservice Center (TSC) on 8/18. She appears eligible for SSI in August and September. The teleservice representative (TSR) establishes an 800 Number Lead to protect her filing date as of 8/18, makes the appropriate referral to the FO and schedules a teleclaim appointment for 9/12. A disability application is taken that day. The FO receives her signed application 10/12. The DDS determines that Ms. Jones is disabled as of 10/3. Since she first meets all of the eligibility requirements on 10/3, her E02 month is October and her first payment will be for 11/1. The system will derive the correct date payment will begin based on the FO input and the DDS input of the onset date determination.

For MSSICS inputs, enter 8/18 in PROTECTIVE FILING DATE and EFFECTIVE FILING DATE on ACLM and 10/12 in RECEIVED on DW01 for application.

For non-MSSICS inputs enter 8/18 in AP and 10/12 in DF on the SSA-450-SI.

4. Aged Claim -– Protective Filing Date, Receipt Date and the Date of Attainment of Age 65 Are Within the Same Month But the Receipt Date is Later Than the Date of Attainment

Mrs. Harris contacts the TSC on 5/10. She will attain age 65 on 5/12. She appears eligible for May and June. The TSR establishes a lead on the 800 Number System to protect her filing date. A teleclaim appointment is scheduled for 5/15. The application is taken that date and mailed to the claimant for signature. The application is received in the FO on 5/31. Her E02 month is May and her first payment month is June.

For MSSICS inputs, enter 5/10 in PROTECTIVE FILING DATE and EFFECTIVE FILING DATE on ACLM. When the application is received, enter 5/31 in EFFECTIVE FILING DATE and 5/31 in RECEIVED on DW01.

For non-MSSICS inputs, enter 5/31 in AP on the SSA-450-SI. No DF entry is required.

5. Aged Claim -– Protective Filing Date, Receipt Date and the Date of Attainment of Age 65 are Within the Same Month But the Receipt Date is Earlier than the Date of Attainment

Mr. Filer contacts the TSC on 2/3. He attains age 65 on 2/15. The TSR documents the protective filing date on the 800 Number System and schedules a teleclaim appointment for 2/5. The teleclaim is taken that day and sent to Mr. Filer for his signature. He signs and mails the application to the FO the same day and it is received in the FO on 2/9. His E02 month is February and his first payment month is March.

For MSSICS inputs, enter 2/3 in PROTECTIVE FILING DATE and EFFECTIVE FILING DATE. When the application is received on 2/9, enter 2/15 (date of age 65 attainment) in EFFECTIVE FILING DATE and 2/9 in RECEIVED on DW01.

For non-MSSICS inputs, enter 2/15 in AP and 2/9 in the DF field on the SSA-450-SI.

6. Aged Claim -– Protective Filing Date and Receipt in the Same Month (Age 65 Exception Does Not Apply)

Mr. Paddington, who is 68 years old, contacts the TSC on 5/10. He appears eligible for May and June. The TSR establishes a lead on the 800 Number System to protect his filing date. The teleclaim appointment is scheduled for 5/25. The application is taken that date and mailed to the claimant for his signature. The application is received in the FO on 5/31.

For MSSICS inputs, enter 5/10 in PROTECTIVE FILING DATE and 5/10 in EFFECTIVE FILING DATE on ACLM.

For non-MSSICS inputs, enter 5/10 in AP and 531 in the DF field on the SSA-450-SI.

7. Disability Claim — Disabled Child Attains Age 18 in Filing Date Month and Deeming Applies

Mr. Davidson files SSI disability application in the FO on 10/15. He attains age 18 on 10/24. The DDS determines that Mr. Davidson is disabled as of October. Since his parents' resources are deemed to him in the month of attainment of age 18, he is ineligible for SSI for October and eligible for November as a disabled individual when deeming no longer applies. His E02 month is November and his first payment month is December.

For MSSICS inputs enter 10/15 in EFFECTIVE FILING on ACLM and on DW01 in RECEIVED. Include the parental information on the appropriate MSSICS screens so that the system can compute the correct payment month.

For non-MSSICS inputs first establish the disabled child's claim entering 10/15 in AP, PS N04 for 10/01 and C01 for 11/01 on the SSA-450-SI. No DF entry is required. The system will overlay C01 with E02 for 11/01. Once the disabled child's record is established, follow SM 01305.770 for changing the record composition to disabled individual for November. NOTE: Please refer to POMS SI 00515.010 for Processing Certain Financial Permission Cases When a Deemor Refuses Permission and the Claimant Turns Age 18.

E. References

• Definition of application effective date, SI 00601.008.B.1.

• Date of filing, SM 01005.040

• Application date, SM 01005.030

• Filing date, GN 00204.007

• Protective filing date, SI 00601.015