TN 10 (09-01)

A. Introduction

A SSI claim may be denied for failure to pursue eligibility (N17) after certain requirements are met.

B. Policy

A SSI claim can be denied for failure to pursue eligibility if the claimant or potential representative payee, who is either the legal guardian or parent with custody of a minor child, states that he/she no longer wishes to pursue the SSI claim.

A SSI claim cannot be denied for failure to pursue eligibility based solely on the statement of a potential representative payee who is not either the legal guardian or parent with custody of a minor child.

C. Procedure

1. Obtain Explanation

Ask the claimant/potential representative payee why he/she does not wish to pursue the SSI claim.

1. Provide assistance if the reason is because of difficulty in obtaining the information/evidence.

2. Provide assistance if the claimant has difficulty communicating, e.g., language barrier.

2. Confirm Decision

1. Attempt to confirm the decision by contacting the claimant if the statement is made by the potential representative payee, who is other than the legal guardian or parent with custody of a minor child.

2. Develop for a new payee if the claimant does not confirm the potential representative payee's statement.

3. Documentation

a. Claimant/Representative Payee in Field Office (FO)

Obtain the individual's signed statement that he/she no longer wishes to pursue the claim.

b. Claimant/Representative Payee Not in FO

Record the individual's telephone statement that he/she no longer wishes to pursue the claim on the Report of Contact (DROC) screen, if the claim was taken in the Modernized Supplemental Security Income Claims System (MSSICS), or on a Report of Contact (RC) form. If RC was used, file the RC in the claims folder. (See SI 00601.080 for documentation requirements.)

D. Reference

Failure to pursue or whereabouts unknown--disability claims, DI 11055.085.