TN 49 (05-04)

A. Definitions

1. Retroactive SSI benefits

Retroactive SSI benefits — which include any federally administered State supplementation — are SSI benefits issued in any month after the calendar month for which they are paid. Thus, benefits for January that are issued in February are retroactive.

2. Retroactive RSDI benefits

Retroactive RSDI benefits are those issued in any month that is more than a month after the calendar month for which they are paid. Thus, RSDI benefits for January that are issued in February are not retroactive, but RSDI benefits for January that are issued in March are retroactive.

B. Policy

1. 9-Month exclusion

The unspent portion of retroactive SSI and RSDI benefits received on or after 3/2/04 is excluded from resources for the 9 calendar months following the month in which the individual receives the benefits.

2. Exception — 6-Month exclusion

The unspent portion of retroactive SSI and RSDI benefits received before 3/2/04 is excluded from resources for the 6 calendar months following the month in which the individual receives the benefits.

3. Written notice

The law requires written notice of this exclusion and its limited duration whenever retroactive SSI or RSDI payments are made.

4. Interim assistance reimbursement (IAR) agreement

When SSA reimburses a State welfare agency under an IAR agreement and the agency refunds a portion of this to the individual, what the individual receives is treated as a retroactive SSI payment. Its exclusion begins with the month after the individual receives it.

5. When to develop the exclusion

The exclusion is developed only if it would affect eligibility for regular or conditional SSI benefits, in that order.

C. Procedure - initial claims

1. Written notice

The required notice is usually systems generated, but the following situations require a manual notice:

• force due;

• one-time payment;

• sponsor-to-alien deeming where the sponsor receives the payment;

• IAR cases that involve a payment of $10,000 or more (these usually are processed as one-time payment cases).

See NL 00804.180, paragraph 1496 and, for IAR cases, NL 00804.125, paragraph IARMO1. See NL 00801.001 and NL 00801.010 on manual notices in general. See NL 00803.015 for posteligibility (PE) notices in force payment cases.

NOTE: If the individual is blind or visually impaired, see instructions at NL 01001.010 for more information on the special blind or visually impaired notice options.

2. Month of receipt

Absent evidence to the contrary, accept the individual's allegation as to when he/she received a retroactive SSI or RSDI payment.

3. Amount of payment

a. General

Make sure the file contains evidence of the amount of retroactive payment, such as a copy of a notice to the recipient, a systems record of the payment (e.g., payment history (PMTH) segment of the Supplemental Security Record (SSR)), etc.

b. IAR cases

Where a State agency refunds part of its SSA reimbursement to the individual, contact the regional office, if necessary, and:

• obtain a copy of the SSA-8125 (SSI Notice of Interim Assistance Reimbursement Eligibility), or

• make sure the record contains the amount of the State payment to the individual.

D. Procedure - posteligibility

Treat the redetermination development for this exclusion the same as the initial claims development.

E. References

• Interest earned by funds excluded under this provision is not excluded from income under this provision, SI 00830.500.

• Excluded funds have been commingled with other funds, SI 01130.700.

• Force due, SM 01701.001.