TN 3 (07-08)

ODO will prepare advance and final notices for termination of Section 301 payments. Advance notice must be provided before payments can be stopped (GN 03001.015). Use the model advance notice in NL 00703.122 for title II cases. Prepare a manual SSA-L8155 (SSI Notice of Planned Action) for title XVI cases (NL 00803.015).

A. Procedure – Final Termination Notices for Title II and Title XVI

Prepare a title II termination notice on a form SSA-L951-U2, Social Security Notice Letterhead. Prepare a title XVI termination notice on a form SSA-L8165-U2, Supplemental Security Income Notice of Decision.

B. Procedure - Title II Auxiliaries in Separate Household

Send an SSA-L951-U2 notice to auxiliaries in a separate household with the following and AURORA paragraph REF033.

AURORA paragraph 415:

• This notice concerns your continuing eligibility to benefits. We cannot continue to pay you benefits because the person on whose Social Security record you received benefits is no longer entitled to continued payments for participating in a vocational rehabilitation, employment, training, or educational program. Therefore, the last month you will receive benefits is (mm/yy).

C. List of AURORA Paragraphs for Termination Notice

AURORA paragraph 417 – reason for termination

This notice concerns your continuing eligibility for benefits. We cannot continue to pay you benefits based on participation in a vocational rehabilitation, employment, training, or educational program. This is because

[1] you stopped participating in your program in {mm/yy}

Or [2] your program ended in {mm/yy}.

Or [3] continued participation in your program will no longer make it more likely that you will be able to work if your health worsens. Therefore, (mm/yy) is the last month benefits are payable.

AURORA paragraph ALS020:

If you disagree with this decision, you have the right to appeal. We will review your case and consider any new facts you have. A person who did not make the first decision will decide your case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you.

1. You have 60 days to ask for an appeal.

2. The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5 day period.

3. You must have a good reason for waiting more than 60 days to ask for an appeal

You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2, called “Request for Reconsideration.” Contact one of our offices if you want help.

AURORA paragraph 3215E:

You can have a friend, lawyer or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your local Social Security office has a list of groups that can help you with your appeal.

If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he/she can collect it.

AURORA paragraph REF033:

If you have any questions, call us at 1-800-772-1213. We can answer most questions over the phone. If you prefer to visit or call one of our offices, the 800 number service representative can give you the nearest office address and telephone number. Please have this letter with you if you call or visit an office. It will help us answer your questions.