TN 12 (08-00)

A. Introduction

When an individual transfers a resource and has a period of ineligibility or will be eligible for SSI based on undue hardship, a manual notice is required. Use the instructions in this section and the paragraphs in SI 01150.151 to prepare manual notices for resource transfer cases. Prepare these notices using the Distributed Online Correspondence System (DOCS).

NOTE: If the individual who transferred a resource meets one of the exceptions listed in SI 01150.121-SI 01150.125, a manual notice is not required. A manual notice is required if the individual has a period of ineligibility or is eligible based on undue hardship. 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.

B. Award Letter

1. Procedure — When to Use

Prepare a manual award letter (SSA-L8025) when the individual has a period of ineligibility due to a resource transfer and:

• during the life of the application is eligible for SSI for at least one month based on undue hardship; or

• will be eligible for SSI because the period of ineligibility will end during the life of the application.

2. Procedure — Paragraphs to Use

Use the SSA-L8025 and these paragraphs in the following order:

• TRF001 or TRF002: explains the period of ineligibility

• TRF003: explains undue hardship

• TRF004 or TRF005: explains the reason for eligibility (payment is based on undue hardship or the period of ineligibility has ended)

• TRF006: gives date that SSA will recontact the individual to review undue hardship (use if individual is paid based on undue hardship)

• TRF019-TRF022: explains the resource transfer provision

NOTE: In some resource transfer cases the individual may have excess resources in a month or more (N04). This is likely to occur when the individual transfers a resource in the filing month. In the month of the transfer, the transferred resource is still a countable resource (SI 01150.001B.). If the individual has excess resources for any months covered by the manual notice, include the excess resource ineligibility paragraph in the manual notice for those months. This paragraph is in NL 00804.180 under the Note, “New approved 1272 language.”

C. Disapproved Claim Letter

1. Procedure — When to Use

Prepare a Notice of Disapproved Claim (SSA-L8030) when the individual has a period of ineligibility due to a resource transfer and the individual is not eligible for an SSI payment during the life of the application. A manual notice is always required when an individual is being denied SSI based on a transfer of resources.

2. Procedure — Paragraphs to Use

Use the SSA-L8030 and these paragraphs in the following order:

• TRF001 or TRF002: explains the period of ineligibility

• TRF003: explains undue hardship

• TRF004: explains that the individual is not eligible based on undue hardship

• TRF007: informs the individual to notify SSA if undue hardship may apply in a future month

• TRF008: informs the individual when the period of ineligibility will end

• TRF019-TRF022: explains the resource transfer provision.

  NOTE: If the individual is ineligible based on excess resources for any months covered by the denial notice, the “new approved 1272 language” should be included in the notice (See NL 00804.180).

D. Notice of Planned Action

1. Procedure — When to Use

• Prepare a Notice of Planned Action (SSA-L8155) in posteligibility situations when the individual has transferred a resource and it is necessary to stop the individual's SSI check.

• Use this notice when the eligible individual is subject to a period of ineligibility and does not qualify for benefits based on undue hardship. Also, use this notice when the individual has been getting benefits based on undue hardship but no longer qualifies based on undue hardship.

2. Procedure — Paragraphs to Use

Use the SSA-L8155 and these paragraphs in the following order:

• TRF001 or TRF002: explains the period of ineligibility

• TRF003: explains undue hardship

• TRF004: explains that the individual is not eligible based on undue hardship

• TRF007: informs the individual to contact SSA if undue hardship may apply in a future month

• TRF008: informs the individual when the period of ineligibility will end

• TRF019-TRF022: informs the individual about the resource transfer provision

E. Notice of Change

1. Procedure — When to Use

Prepare a Notice of Change (SSA-L8151) in posteligibility situations when an individual who had been ineligible due to a resource transfer is now eligible for SSI.

Use this notice when the individual becomes eligible because he/she begins to qualify based on undue hardship. Also, use this notice when the individual becomes eligible because the period of ineligibility is over.

2. Procedure — Paragraphs to Use

Use the SSA-L8151 and these paragraphs in the following order:

• TRF001 or TRF002: explains the period of ineligibility

• TRF005: explains that the individual is eligible because the period of ineligibility has ended (TRF003 and TRF004 may not be needed when TRF005 is used)

• TRF003: explains undue hardship

• TRF004: explains that the individual is now eligible based on undue hardship

• TRF006: gives the date that SSA will recontact the individual to review undue hardship (use if individual is being paid based on undue hardship)

• TRF019-TRF022: explains the resource transfer provision

F. Revised Determination Notice

1. Procedure — When to Use

• Prepare a manual notice of revised determination (SSA-L8100) when changing a determination for past months due to a resource transfer and a reconsideration has not been filed.

• Use this notice for an individual who was eligible in the past and we are now determining that he/she was ineligible due to a transfer. Also, use this notice for an individual who was determined ineligible in the past due to the transfer, and we are determining now that he/she was eligible for that period.

2. Procedure — Paragraphs to Use

Use the SSA-L8100 and these paragraphs in the following order.

a. Change from ineligible to eligible

• TRF009 or TRF010: explains the previous determination of ineligibility

• TRF003: explains undue hardship

• TRF011: explains previous determination that individual did not qualify based on undue hardship

• TRF018: explains revised determination that individual has been found eligible for SSI for that past period (use the fill-in which describes the reason for eligibility)

• TRF019-TRF022: explains the resource transfer provision

b. Change from eligible to ineligible

• TRF001 or TRF002: explains why the individual is ineligible

• TRF003: explains undue hardship

• TRF004: explains that the individual does not qualify for SSI based on undue hardship

• TRF007: informs the individual to contact SSA if he/she may be eligible based on undue hardship for future month

• TRF008: informs the individual of the month that the period of ineligibility ended or will end

• TRF019-TRF022: explains the resource transfer provision

G. Reconsideration Affirmation

1. Procedure — When to Use

Prepare a manual reconsideration notice (SSA-L8456) when the individual appeals a determination about a resource transfer and we affirm that SSA's initial determination was correct.

2. Procedure — Paragraphs to Use

Use an SSA-L8456 and these paragraphs in the following order:

• TRF009 or TRF010: explains the previous determination about the period of ineligibility

• TRF012 or TRF013: explains the reconsideration determination that the individual is still ineligible for SSI

• TRF016: explains the reconsideration determination that the individual is ineligible for SSI due to a transfer of resources but that the determination of the number of months of ineligibility has changed (use as needed)

• TRF017: explains the reconsideration determination that the individual is ineligible for SSI due to a transfer of cash but that the determination of the number of months of ineligibility has changed (use as needed)

• TRF003: explains undue hardship

• TRF011: explains the previous determination that individual was not eligible based on undue hardship

• TRF014: explains the reconsideration determination that the individual is still not eligible based on undue hardship

• TRF007: informs individual to contact SSA if he/she may be eligible based on undue hardship in a future month

• TRF008: informs individual of the month that the period of ineligibility will end

• TRF019-TRF022: explains the resource transfer provision

H. Reconsideration Reversal

1. Procedure — When to Use

Prepare a manual reconsideration notice (SSA-L8455) when the individual appeals a determination about a resource transfer and we determine that SSA's initial determination should be changed.

2. Procedure — Paragraphs to Use

Use the SSA-L8455 and these paragraphs in the following order.

• TRF009 or TRF010: explains the previous determination about the period of ineligibility

• TRF015: explains SSA's new determination that the individual is now eligible for SSI (use when the individual is being found eligible for a reason other than undue hardship, and select the choice for fill-in #4 that best describes the reason for eligibility)

• TRF016: explains SSA's new determination that changes the number of months in the period of ineligibility (use as needed)

• TRF003: explains undue hardship (use if individual will be paid SSI based on undue hardship)

• TRF011: explains the previous determination about not being eligible based on undue hardship (use if individual will be paid based on undue hardship)

• TRF015: explains SSA's new determination that individual is eligible based on undue hardship (use if individual will be paid based on undue hardship and select the choice for fill-in #4 that explains that payments will be based on undue hardship)

• TRF006: gives the date that SSA will recontact the individual to determine if he/she still qualifies for undue hardship (use if the individual will be paid based on undue hardship)

• TRF019-TRF022: explains the resource transfer provision