TN 3 (02-02)

A. Procedure – Reinstating benefits to sexually dangerous persons

The instructions in GN 02607.850A for determining whether you can reinstate title II benefits to an NGRI individual also apply to sexually dangerous persons. See GN 02607.850 for the rules and procedures for reinstating benefits to individuals who are no longer confined because they are sexually dangerous.

B. Procedure – FO and PC instructions for reinstating benefits to sexually dangerous persons

1. FO instructions for reinstating benefits to sexually dangerous persons

If the FO receives a request for reinstatement, take the following actions:

• Reinstate benefits to the Sexually Dangerous Person only if:

  • he/she is released from the care and supervision of the institution, and

  • the institution no longer meets his/her basic living needs.

  (See GN 02607.850A.1. for instructions on determining if reinstatement applies.)

• Secure copies of all documents bearing on the issue of reinstatement; i.e., release documents, an order directing the individual's supervised release, etc., court orders, remand documents, commitment orders (civil or voluntary). See GN 02607.850B. for information on the release documents.

• You must review and determine if the beneficiary meets all factors of entitlement and eligibility before paying benefits; e.g., work deductions, no child in care deductions, etc. See GN 02602.005 for factors that may affect eligibility to title II benefits. See GN 02602.040 for instructions on the resumption of title II benefits after a period of suspension.

• Process the reinstatement action per GN 02607.860B.1., block 2 of the “If” and “Then” chart. Once the PC/OCO/ODO receives the 2795-Fax requesting reinstatement of benefits, they will continue processing the reinstatement action per GN 02607.860B.2.a.

2. PC/OCO-ODO instructions for reinstating benefits to sexually dangerous persons

If the PC/OCO-ODO receives a request for reinstatement, take the following actions:

• Reinstate benefits to the Sexually Dangerous Person only if:

  • he/she is released from the care and supervision of the institution, and

  • the institution no longer meets his/her basic living needs.

  (See GN 02607.850A.1. for instructions on determining if reinstatement applies. See GN 02607.850B for instructions on determining if the release documents provided by the beneficiary are acceptable for reinstatement of benefits.)

• If the beneficiary meets the requirements for reinstatement and all evidence is valid and complete, process the reinstatement action per GN 02607.860B.1., block 2 of the “If” and “Then” chart. Once the PC/OCO/ODO receives the 2795-Fax requesting reinstatement of benefits, they will continue processing the reinstatement action per GN 02607.860B.2.a.

• If further development is needed to make a decision about the beneficiary's reinstatement, forward the information to the FO for development and subsequent processing. The FO will continue processing the reinstatement request to completion.