GN 02409: Waiver and Voluntary Suspension of Benefits
TN 6 (10-16)
A. Procedure for reinstatement at age 70
The Program Service Centers (PSC) use automated systems to process voluntary delayed retirement credit (VDRC) reinstatements at age 70. For requests for voluntary suspension received April 30, 2016 and later, unless requested at an earlier point, we deem a beneficiary to have submitted a request for reinstatement of benefits the month before the month of attainment of age 70, with benefits reinstated the following month at age 70. When we reinstate benefits at age 70, we credit all VDRCs immediately. For an explanation of the PSCs’ automated processes for voluntary suspension reinstatements, see SM 03020.250.
B. Procedure for reinstatement prior to age 70
A retirement insurance benefits (RIB) beneficiary who attains full retirement age (FRA) prior to April 30, 2016 and requests voluntary suspension prior to April 30, 2016, may request benefit reinstatement for any month in the suspension period. We will accept a written or oral request. There is no signature requirement.
A RIB beneficiary who requests voluntary suspension and (1) attains FRA on or after April 30, 2016, or who (2) attains FRA prior to April 30, 2016, but submits the voluntary suspension request on or after April 30, 2016, may only have benefits reinstated in the month after the month of the reinstatement request.
1. Processing reinstatements
For reinstatement of benefits for cases that fall under the rules in effect prior to April 30, 2016, the field office (FO) and teleservice center (TSC) should use the VDRC screen in the Post Entitlement Online System (POS) to reinstate benefits, following instructions in MS COMMON 005.030 and TC 11001.130F.
For reinstatement requests that fall under the new rules effective April 30, 2016, the FO uses the Legislative Suspensions and Reinstatement (LEGI) screen in POS to reinstate benefits, following instructions in SM 03005.145, SM 03020.180, and MS COMMON 005.023. The TSC will refer any reinstatement requests under the new rules to the FO because the LEGI screen does not allow future month inputs.
NOTE: At the time of the request for reinstatement, verify the address and bank account information for all suspended beneficiaries, per GN 02602.040.
2. Effective month to reinstate payments
For voluntary suspension requests that fall under the rules in effect:
prior to April 30, 2016, reinstate payments effective with the month requested. This can be the current month, a future month, or any past month during the suspension period; or
on or after April 30, 2016, reinstatement of benefits can be no earlier than the month after the month of the reinstatement request. (For example, if a beneficiary requests reinstatement in September 2016, reinstatement cannot be earlier than October 2016.)
3. Benefit amount
When reinstating benefits:
add the applicable delayed retirement credits (DRC) for any prior years, using the normal rules as explained in RS 00615.690B. DRCs earned in years prior to the year of attainment of age 70 are effective in January of the following year that the increment months were earned; and
if any of the DRCs are due the following January, prepare a diary to apply the remaining DRCs. There is no automated process to select the case to apply remaining DRCs if some DRCs were processed previously.
For instructions on how to establish diaries, see GN 01040.005.
4. Someone else requests reinstatement
If an individual, who previously requested voluntary suspension, is found incompetent per GN 00502.300, his or her representative payee may request reinstatement on his or her behalf. SSA may reinstate benefits retroactively to the month in which the individual was deemed incompetent, or later if requested by the representative payee.
If a NH dies while in voluntary suspense, do not reinstate the benefits retroactively upon the request of a survivor. SSA may only retroactively reinstate benefits if the NH was deemed incompetent, per GN 00502.300.
C. References
SM 03005.085 Voluntary Delayed Retirement Credits (VDRC) Processing
SM 03020.250 Voluntary Delayed Retirement Credits (VDRC)