POMS Reference

SI 00501: Eligibility Under the Supplemental Security Income (SSI) Provisions

TN 34 (06-96)

A. Procedure - Use of Manual Notices

Prepare manual notices for students temporarily abroad.

When you make any input that would generate an automated notice, suppress notices using instructions in SM 01301.675A.1.d. Suppress Goldberg v. Kelly adverse action notices using instructions in SM 01305.530 ff.

Whether a notice will be sent to a foreign address or to the recipient's U.S. address will depend on both the place of temporary residence and the expected date of return to the U.S. Special postage and handling, and due process rules apply to international correspondence. Consult with OIO (see SI 00501.412.G.) to determine how to provide proper notice to an SSI recipient at a foreign address.

Do not use the SSA 800 telephone number on correspondence sent outside of the U.S.

B. Procedure - Notice Requirements

1. Awards or Nonadverse Actions

Use the appropriate notice form based on instructions in NL 00802.000 ff. or NL 00803.000 ff. to inform recipients who may be eligible under this provision. These forms are also on the field office notice software (FONS). Tell recipients the basis for their payment, that they must notify us if the expected time abroad changes, and to notify us as soon as they reenter the country. If you send a notice to someone eligible under this provision who is also eligible under section 1619(b) do not refer to payments. Instead, refer to the fact that we will keep their case active.

The following is a sample of text that you may include in an award notice or a notice to someone in posteligibility who may be eligible under this provision:

 

“Information About Your Payments

We usually cannot pay SSI to people who live outside the United States. However, we can pay you SSI while you are a student abroad for up to one year if you are:

  • studying abroad in a program sponsored by an American school; and

  • in a course of study which is not available in the United States and which should help you find work later; and

  • eligible for SSI payment in (Month/Year), the month before the first full month of your study abroad.

Because of these special rules, you are eligible for these payments for the months you told us you will be out of the country, (Month/Year through Month /Year, the months and year(s) of the period covered). Contact us immediately if your plans change.

 

Information About Medicaid

For information about any change in your Medicaid eligibility caused by your living abroad, your should get in touch with (name of Medicaid agency in State with Federal Medicaid decisions.)

Things to Remember

Contact your local Social Security office when you return to the United States.”

2. Denials or Adverse Actions

Use SSA-L8030-U2, Notice of Disapproved claim, for denials (see NL 00802.025) or the SSA-L8155-U2, Notice of Planned Action, for suspensions (see NL 00803.050) or the comparable forms on the FONS.

Give the reason for ineligibility to receive SSI while abroad:

  • He/she was not eligible for SSI in (Month/Year), the month before the first full month of his study abroad.

  • He/she will be absent from the United States for more than one year.

  • He/she is not in a course of study which will help him get a job later.

  • He/she is not enrolled in a study program sponsored by an accredited American school.

  • He/she is in a study program available in the United States.

If you are sending a notice on this provision to someone who is eligible under section 1619(b), do not refer to payments. Instead, refer to the fact that we have been keeping his/her case active and that we will close his/her case.

The following is a sample of text that you may include in a posteligibility notice to someone who is ineligible under this provision:

 

“Our Decision is Based on These Facts

We usually cannot pay SSI to people who live outside the United States. However, we could pay you SSI while you are a student abroad for up to one year if you were:

  • studying abroad in a program sponsored by an American school, and

  • in a course of study which is not available in the United States and which should help you find work later; and

  • eligible for SSI payment in (Month/Year), the month before the first full month of your study abroad.

You are not eligible for these payments for (Month/Year through Month/ Year) because you are in a study program that is available in the United States.*

 

Things to Remember

  • Contact your local Social Security office when you return to the United States to see if you can become eligible again.

  • In the future you may again qualify for SSI payment. If you think you meet the rules for receiving SSI again, please contact us right away. This is important because if we can start your SSI by (Month/Year), you will not have to file a claim.”

*Other denial reasons are listed at the beginning of SI 00501.413B.2.