SI 02301: Posteligibility Changes
TN 33 (11-07)
Citations:
Sections 1614(f)(3) and 1631(e)(1) of the Social Security Act Social Security Act; 20 CFR 416.701-416.714
A. Introduction
Recipients or their representative payees must report changes on time that can affect SSI benefits. SSA employees explain these responsibilities to recipients and payees during each interview. SSA also provides written explanations of reporting responsibilities.
B. Policy - Reporting Responsibilities
1. Who Must Report
SSI recipients or their representative payees must report changes.
EXCEPTION: Recipients who are legally incompetent are not responsible for reporting, but their payees are.
2. List of What to Report
This is a list of the kinds of changes recipients/payees must report:
Moves or changes of address (COA)
Persons moving in or out of the household
Death of a household member
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Changes in income and resources for recipients and individuals involved in deeming cases. These individuals are:
ineligible spouses and ineligible children living with recipients,
parents living with eligible children,
essential persons,
sponsors of aliens and living-with spouses of sponsors, and
eligible aliens with the same sponsor.
Changes in help with living expenses
Entering or leaving an institution as defined in SI 00520.001
Marriage, separation, or divorce (Including any same-sex relationships)
Leaving the United States for more than 30 days in a row
Changes in school attendance (if under age 22)
Death of the recipient or individuals involved in deeming cases
Fugitive felons status (fleeing prosecution, unsatisfied warrants, probation and parole violation)
3. When to Report
A report is due within 10 calendar days after the month in which the change occurred. A report by mail is timely when the postmark date is within the same 10-day period.
4. How to Report
Recipients and payees may report in writing, by telephone, or in person.
5. Content of Report
Reports should include:
The reporter's name
The name and social security number (SSN) of the person the report is about
Facts about the change
When the change happened
C. Policy - Written Explanations
SSA gives written explanations of reporting responsibilities:
with application and redetermination forms,
in some award and posteligibility notices,
in check stuffers, and
in a booklet which accompanies award notices.
D. Procedure - Verbal Explanations
Explain reporting responsibilities during each interview (face-to-face and telephone) with legally competent recipients and payees.
NOTE: Code D, E or F appears in the Competency/Guardian (COMP) segment in the Representative Payee (RP) field on the SSR for legally incompetent recipients. See SM 01301.625 for a description of the RP field. See GN 00502.010 about legal incompetency.
1. What to Report
Explain the kinds of changes to report and how changes can affect SSI. Emphasize those changes that relate to the recipient's own circumstances.
EXAMPLE: Benjamin Morris is payee for his sister Gwen Brown. Ms. Brown receives SSI and a pension. During a redetermination interview with Mr. Morris, the FO discusses the changes that he or his sister must report. The FO also stresses reporting right away any increase or decrease in the amount of Gwen Brown’s pension.
2. When to Report
Advise individuals that they should report a change as soon as it happens. Explain when reports are due and that individuals must report a change that affects SSI even if the report is late.
Explain that if they do not report on time, they may:
not receive correct benefits when due,
have to pay back an overpayment (applies to recipients and payees, see SI 02201.020 about overpayment liability),
have a penalty deducted from their SSI (applies only to capable recipients, see SI 02301.100 about penalties), and
lose SSI if they do not report information that SSA asks for to determine continuing benefits (see SI 02301.235 about failure to provide information).
3. How to Report
Explain to the recipient what information he or she must provide when reporting, and that the report may be in writing, by telephone or visit to an FO.
E. References
SI 00530.000, Fugitive status
GN 00203.001, Basic Interviewing
SI 00501.001, Eligibility under the SSI Provisions
SI 00601.060, SSI Interviewing
SI 00820.001, Earned Income
SI 00830.001, Unearned Income
SI 00835.001, Living Arrangements and In-Kind Support and Maintenance
SI 01110.001, Resources
SI 01310.030, Reporting Events in Deeming Cases
SI 02201.020, Who Is Responsible for Repayment
SI 02301.100, Penalties
NL 00801.001C.2, Booklet, “When You Get SSI...What You Need to Know”, SSA Publication No. 05-11011