GN 02406: Failure to Receive a Check/Payment - Title II, Title XVI
TN 28 (12-11)
A. What is certification to RRB?
The Railroad Retirement Act of 1974 (Public Law 93-445), effective January 1, 1975, required the Social Security Administration (SSA) to certify certain Retirement, Survivors, Disability Insurance (RSDI) payment claims to the RRB rather than to Treasury. For purposes of these instructions, “certification to RRB” means SSA certifies to RRB the benefit amount to which the claimant is entitled under the Social Security Act. For details, see Highlights of the Railroad Retirement Act RS 01601.200.
RRB determines the total benefit amount under the combined provisions of the Social Security and Railroad Acts and certifies the amount to Treasury for payment. Since SSA does not certify these payments to Treasury follow the instructions in this section to coordinate inquires received from individuals reporting RRB nonreceipt of payment.
B. Field Office (FO) action for nonreceipt of benefits
1. Initial Claims
If a beneficiary reports nonreceipt of an initial payment, confirm RRB certification data and its proper transmission. Check the MBR BENEFIT data line for Railroad Indicator Codes (RRIC) of “R” and if the field is blank SSA is responsible for payment. If this information is in the claimants MBR, assume the RRB received certification from SSA. A LAF code of “E” in these cases indicates SSA has requested RRB to establish current pay status; however, all other LAF codes remain the same. For additional information, see SM 00510.175.
2. RRB received certification
If you determine the RRB should have received certification from SSA, advise the claimant to contact the RRB at this address:
U.S. Railroad Retirement Board844 North Rush Street
Chicago, Illinois 60611-20921
Provide the claimant with the approximate date SSA certified payment for RRB (use RD on MBR as outlined in SM 00510.515) and advise claimant to notify RRB of this date with the railroad employee's name, claim number, and SSN. If the railroad employee differs from the Social Security beneficiary alleging nonreceipt, advise the claimant to place the beneficiary's name and SSN after the railroad employees corresponding information.
If you assist with RRB correspondence, avoid agency specific acronyms, initialisms, and abbreviations. For a sample of the minimum information the correspondence should contain refer to the format in RS 01602.405.
Tell the claimant RRB will not provide notifications about the claimant’s case to SSA as the RRB has responsibility for any necessary actions with the claimant’s case.
If the claimant’s current LAF status is not “E” (e.g., S2) and retroactive benefits are not due, provide the claimant reasons for the nonpayment prior to directing the inquiry to the RRB Chicago address.
3. RRB did not receive certification
If you determine RRB did not receive SSA certification, contact the payment center (PC) using the SSA 409 to request claim status. Provide MBR or DW01 data if available.
C. Reinstatements
When a beneficiary, who previously reported a reinstatement event inquires about the nonreceipt of payments and the MBR reflects
nonreceipt for known reasons (e.g., work suspension, LAF S2), and
indicates these benefits should resume, then
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send an MDW referral under the following conditions:
You receive a nonreceipt of payment input alert “RAILROAD CASE”, or
You determine from the claimant interview the involvement of RRB benefit certification.
NOTE: If nonreceipt of payment exclusion exists, see GN 02406.175. The Office of the General Counsel (OGC) opinion prevents RRB from making determinations with SSA post-adjudicative issues.
D. Delayed or interrupted payment
Review the accuracy of the MBR’s current payment status during the interview, and identify the following information:
Beneficiary reports nonreceipt of monthly payment
Status of a monthly check normally due
Nonreceipt payment input alerts of “RAILROAD CASE” Involvement of railroad board certification benefits
If the MBR reflects current payment (LAF E), advise the claimant to contact the RRB. Inform the beneficiary that RRB will take any further action. Assist the claimant in directing the inquiry as outlined in GN 02406.805B.
E. Congressional inquiries
When you receive a congressional inquiry, handle it under current procedures subject to the following exceptions:
1. Written inquiries where RRB receives certification
Transfer written congressional inquiries when the RRB received SSA certification (LAF E) to the RRB Chicago Office and advise the congressional office of your action. No control is necessary for the RR Certification case still in the PC, follow current procedures.
2. Congressional telephone inquiries
When responding to a congressional telephone inquiry for SSA benefits certified to the RRB, provide congressional staff
Pertinent SSA information (FO MBR query reply, etc.)
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RRB Washington, D.C., Liaison Office telephone number
For contact information, see congressional liaison, Railroad Retirement Board.
For Processing Congressional and Other Special Inquiries, see RM 03851.000.
F. Situation meets critical case definition
The PC contacts RRB if the beneficiary alleges dire need or the FO identifies a public relations problem meeting the critical case criteria in RS 02809.015. RRB has agreed to process critical cases within 7 to 10 working days after notification by SSA.
The PC provides updates to the FO of actions taken throughout the process. (If the case meets the critical definition, the FO must first contact the PC as outlined in RS 02809.001.)