TN 12 (08-00)

This section provides a summary of the procedures that must be followed to process resource transfers.

A. Procedures — Summary

1. Interviewing

In initial claims always ask whether the individual transferred a resource since the look-back date. In posteligibility, ask whether the individual transferred a resource since the last review (SI 01150.110C).

NOTE: The resource transfer questions on MSSICS and on paper forms refer only to the individual and spouse. Until they are revised, it will be necessary to ask about transfers made by a co-owner of the resource.

2. Determine whether the transfer is valid

• If the individual alleges a transfer, determine whether the transfer is valid and document the file (SI 01150.001B).

• If the transfer is valid, do not count the transferred item as a resource beginning with the month following the transfer (SI 01150.001B).

• If the transfer occurred before 12/14/99, go to SI 01150.100 to process the case. Transfers before 12/14/99 do not affect SSI eligibility whether the individual received fair market value or not.

• If the transfer occurred on or after 12/14/99, it may result in a period of ineligibility for SSI. Develop whether the individual received fair market value for the transferred resource (SI 01150.005).

3. Determine whether the individual received fair market value

• If the individual received fair market value for the transferred resource, the period of ineligibility does not apply. Document the determination and process the case normally.

• If the individual did not receive fair market value for the transferred resource, document this determination. The period of ineligibility may apply.

• The next step is to develop whether the transfer meets one of the exceptions to the period of ineligibility (SI 01150.120).

4. Determine whether a transfer exception applies

• Consider whether the transfer meets one of the exceptions described in SI 01150.121 through SI 001150.125.

• Use the interviewer's guide in SI 01150.127 to discuss the exceptions with the individual.

• If one of these exceptions applies, the period of ineligibility does not apply. Document your determination that an exception applies and process the case normally (SI 01150.120D).

• If none of these exceptions apply, document the file with your determination.

• The next step is to compute the period of ineligibility.

5. Compute the period of ineligibility

• Follow the instructions in SI 01150.111 to compute the period of ineligibility.

• Determine which months are in the period of ineligibility.

• The next step is to determine whether the individual can be paid SSI based on undue hardship.

6. Determine whether the undue hardship exception applies

• Develop undue hardship only after determining that the individual does not meet one of the other exceptions and after computing the period of ineligibility.

• Determine whether the individual can be paid based on undue hardship for any months of the period of ineligibility (SI 01150.126).

• The next step is to adjudicate the case.

7. Adjudicate the case

• Follow the instructions in SI 01150.112 for an initial claim with a period of ineligibility that needs a disability determination.

• Follow the instructions in SI 01150.113 for an initial claim with a period of ineligibility that does not need a disability determination.

• Follow the instructions in SI 01150.114 for a posteligibility case that has a period of ineligibility.

B. Procedure — Summary of documentation

The documentation needed for a transfer case varies with the type of case. But in all cases, the documentation should cover the individual's allegations about the transfer and the adjudicator's determinations.

1. Document the individual's allegations about the transfer

Document as follows:

• In MSSICS, use the Property/Cash Given or Sold (RGIV) page to document the individual's allegation of a resource transfer for both initial claims and redeterminations. Use the File Documentation Notes in the Property/Cash Given or Sold page or the DROC screen to record additional information if needed

• For initial claims processed on paper, use the resource transfer questions on the SSA-8000-BK. Use the remarks section or an SSA-795 to record additional information if needed.

• For redeterminations processed on paper forms, document the transfer issue in remarks on the redetermination form or on an SSA-795 until resource transfer questions are added to the forms.

2. Document the transfer determination

In developing a resource transfer, the adjudicator will usually make determinations about several issues. Document your determinations as follows:

• In MSSICS, use the File Documentation Notes in the Property/Cash Given or Sold page or the DROC screen (MSOM MSSICS 022.010).

• For claims and redeterminations processed on paper forms, use an SSA-5002 (Report of Contact) or an SSA-553 (Special Determination).

• For any transfer that results in a period of ineligibility, use the SSR Remarks field to record information about the transfer on the SSR. Also, input an MN diary (SI 01150.112D).

Example of Documentation on DROC Screen: Ms. Smith alleged a resource transfer on 12/20/99 and filed for SSI on 12/29/99. She gave stock certificates to her brother. She lives in a State with no federally administered State Supplement. The transfer did not meet one of the exceptions in SI 01150.121 through SI 01150.125. Therefore, the CR computed a period of ineligibility and made an undue hardship determination. The CR documented these determinations on the DROC screen as follows: “TRANSFER OF STOCK CERTIFICATES ON 12/20/99. STOCKS VALUED AT $3,700. DID NOT RECEIVE FAIR MARKET VALUE. UNCOMPENSATED VALUE IS $3,700. DOES NOT MEET ANY OF THE EXCEPTIONS. PERIOD OF INELIGIBILITY IS 7 MONTHS ($3,7O0 DIVIDED BY $512). PERIOD BEGINS 1/00. PERIOD ENDS 7/00. IS N04 FOR 12/99. DOES NOT MEET UNDUE HARDSHIP REQUIREMENTS FOR 01/00-2/00. IS ELIGIBLE FOR SSI PAYMENTS 3/00-5/00 BASED ON UNDUE HARDSHIP.”

NOTE: The above example is intended to illustrate how the CR documents the determinations required for this case. It is not necessary to use this exact language.

C. References

Look-back date, SI 01150.001

Determining fair market value, SI 01150.005

Transfers before 12/14/99, SI 01150.100

Transfers on or after 12/14/99, SI 01150.110

Computing the period of ineligibility, SI 01150.111

Systems inputs for transfers of resources, SI 01150.112

Exceptions to the period of ineligibility, SI 01150.120

Undue hardship, SI 01150.126

Interviewer's guide to exceptions, SI 01150.127

MSSICS DROC screen, MSOM MSSICS 022.010