TN 40 (11-17)

Citations:

McNeal v. Schweiker, 711 F.2d 18 (3rd Cir. 1983), AR 86-13(3)
Jones v. Secretary HEW, 629 F. 2d 334 (4th Cir. 1980), AR 86-14(4)
Boyland v. Califano, 633 F.2d 430 (6th Cir. 1980), AR 86-15(6)
Childress v. Secretary HEW, 679 F.2d 623 (6th Cir. 1982), AR 86-15(6)
Parker v. Schweiker, 673 F. 2d 160 (6th Cir. 1982), AR 86-15(6)

A. Policy for the McNeal/Jones/Boyland acquiescence rulings (AR)

Follow these instructions to apply the McNeal/Jones/Boyland ARs.

1. Issue in the McNeal/Jones/Boyland rulings

In the cases listed in the citations, the courts ruled that the proper test of a number holder’s (NH) contributions to the support of a child under Section 216(h)(3)(C)(ii) of the Social Security Act (Act) is whether the contributions were regular and substantial at the time of the NH’s death in relation to:

• the NH's financial resources,

• the child's needs, and

• the financial resources of the family with whom the child resided.

Social Security ARs 86-13(3), 86-14(4), and 86-15(6) incorporate this decision.

2. Applicability of McNeal/Jones/Boyland ARs

Apply the McNeal/Jones/Boyland ARs to cases at all levels of adjudication where the claimant’s state of residence at the time of the determination or decision is in the Third, Fourth, or Sixth Circuit U.S. Court of Appeals. These circuits include:

• Delaware (Third)

• Kentucky (Sixth)

• Maryland (Fourth)

• Michigan (Sixth)

• New Jersey (Third)

• North Carolina (Fourth)

• Ohio (Sixth)

• Pennsylvania (Third)

• South Carolina (Fourth)

• Tennessee (Sixth)

• U.S. Virgin Islands (Third)

• Virginia (Fourth)

• West Virginia (Fourth)

3. Deduction, termination, and nonpayment events for affected cases

For cases affected by the McNeal/Jones/Boyland ARs:

• Do not terminate benefits paid based on applying these ARs because the beneficiary no longer resides in the Third, Fourth, or Sixth Circuit.

• Apply all deduction, suspension, and nonpayment events listed in RS 00203.030 to the beneficiaries entitled under these rulings.

• Terminate benefits as instructed in RS 00203.035.

B. Field Office (FO) development and processing for cases subject to the McNeal/Jones/Boyland ARs

Follow these instructions and the procedures in GN 00306.001D and GN 00306.001E to develop and process cases subject to the McNeal/Jones/Boyland ARs.

1. Development for cases subject to the McNeal/Jones/Boyland ARs

Consider the financial resources of both the NH and the household in which the child resides when:

• You develop a parent-child relationship in a claim for surviving child's benefits;

• Entitlement is possible only under section 216(h)(3)(C)(ii) of the Act; and

• The NH's income was irregular or insubstantial.

Small contributions to a family with few financial resources constitutes support if it meets an important part of the child's needs. For more information on contributions for support, see RS 01301.005.

Prepare a special determination on a Report of Contact (RPOC) or SSA-553 in all cases. For non-MCS claims, fax the determination into the Non-Disability Repository (NDR) using the Non-Disability Repository for Evidentiary Documents (NDRed).

2. Processing awards for cases subject to the McNeal/Jones/Boyland ARs

Follow these instructions when processing awards for cases subject to the McNeal/Jones/Boyland ARs:

• Enter the remark “McNeal/Jones/Boyland ARs” on the RPOC screen in the Modernized Claims System (MCS), or the REMARKS field on the Benefit Continuity Factors/Remarks/Notice (BCRN) screen or Electronic Form BCRN (EFBCRN) screen when processing claim manually using an Automated 101 (A101) or Electronic Form 101 (EF101).

• Enter listing code “556” for “McNeal/Jones/Boyland ARs” on the Decision Input (DECI) screen in MCS.

• If entitlement of a child results in an adverse adjustment, follow the procedures in GN 01010.330.

• If entitlement of a child creates an adverse claim, follow the procedures in GN 01010.320. Forward the claim to the servicing Processing Center (PC) as a District Office Final Authorization (DOFA) exclusion (non-DOFA). Record non-DOFA reason code “3” for “ADVERSE CLM” on the Decision Input (DECI) screen in MCS. For more information on non-DOFA claims, see GN 01010.027.

3. Processing disallowances for cases subject to the McNeal/Jones/Boyland ARs

Follow these instructions when processing disallowances for cases subject to the McNeal/Jones/Boyland ARs:

• Before disallowing a claim, consider all options in which we might allow the child’s claim for benefits following the procedures in GN 00306.001D.

• If there are no such options, disallow the claim under code “32” for “Child illegitimate – no ceremonial marriage – not deemed child.” For information on documenting a code “32” disallowance, see GN 00306.001E.

• Enter the remark “McNeal/Jones/Boyland ARs” on the RPOC screen in MCS.

• Enter listing code “556” for “McNeal/Jones/Boyland ARs” on the DECI screen in MCS.

C. Processing Center (PC) procedures for cases subject to the McNeal/Jones/Boyland ARs

Follow these instructions when processing cases in the PC that are subject to the McNeal/Jones/Boyland ARS:

• List all cases adjudicated under these procedures under listing code “556” for “McNeal/Jones/Boyland ARS.”

• If the claim results in an adverse adjustment, follow the procedures in GN 01010.335.

• If entitlement of the child creates an adverse claim, follow the procedures in GN 01010.325.

• After completing all actions, forward the claim to the benefit authorizer (BA) to summarize the award and, when necessary, adjust the rates to currently entitled beneficiaries. Instruct the BA to list the case under code “556.”