TN 14 (02-10)

A. Procedure for issuing manual notices

1. General requirements

In order to issue manual notices for cases involving excess resources:

• suppress the systems-generated notice following SM 01005.535 for initial claims and SM 01301.675 in PE situations.

• see NL 00801.010 for sending manual notices and NL 00804.100 for appropriate standard notice paragraphs; and

• include the appropriate language as instructed in SI 01150.210A.2. through SI 01150.210A.6. (in this section).

2. Excess resources with no agreement to sell and liquid resources less than the statutory limits

To send a notice when the individual has excess resources but has no agreement to sell and the liquid resources are less than the statutory limit, follow SI 01150.210A.1. (in this section) and use a SSA-L8030-U2 (Notice of Disapproved Claim in NL 00802.025, or SSA-L8155-U2 (Notice of Planned Action) in NL 00803.040, to advise the individual that:

denial or suspension is due to excess resources; and

conditional benefits are still an option by including the language in SI 01150.210B.1. (in this section).

NOTE: Use this notice in cases where an automated resources denial notice is not generated.

3. Excess resources with agreement to sell in effect

To send a notice when the individual has excess resources and still has an agreement to sell in effect, follow SI 01150.210A.1. and use a SSA-L8025 (Notice of Award) in NL 00802.010, or SSA-L8165-U2 (Important Information) in NL 00803.080, as appropriate, include the language provided in SI 01150.210B.2.

NOTE: Do not suppress the systems-generated notice (SSA-L8025) when the agreement to sell is the only issue of concern. Send an SSA-L8165-U2 (see notice language at SI 01150.210 B.2., in this section) immediately upon acceptance of the agreement; then generate the SSA-L8025.

4. Denial or suspension due to lack of reasonable efforts to sell and lack of good cause

To send a letter of denial or suspension due to lack of reasonable efforts to sell and lack of good cause, follow SI 01150.210A.1. and, use a SSA-L8030-U2, Notice of Disapproved Claim in NL 00802.025, or an SSA-L8155-U2 (SSI Notice of Planned Action) in NL 00803.040, and include the language provided in SI 01130.140E.2.

5. End of 9-month period, efforts to sell real property are reasonable but unsuccessful

In situations where real property remains unsold despite reasonable efforts to sell, follow the instructions in SI 01130.140.

6. Overpayment due to personal property

For overpayment notice and control procedures see SI 02220.001A. and SI 02220.010.

B. Exhibits of notice language and special insert paragraphs

1. Excess resources with no agreement to sell

To view the notice of denial for having excess resources with no agreement to sell see paragraph 1272 in NL 00804.180.

2. Excess resources with agreement to sell in effect

Example of language used for notice

You (1) meet all of the eligibility rules for Supplemental Security Income (SSI) except for resources. You (2) signed an agreement to sell (3) so that you could (4) receive SSI. You (5) also agreed to repay the SSI you receive while you are trying to sell this property. The agreement is effective (6) . You (7) must begin to try to sell the property within 30 days of this date.

We value the property at (8) . If you (9) believe it is worth less, you (10) can give us information that proves a lower value.

(11)

We will be in touch with you (12) in 30 to 35 days to check on your progress in selling the property. At that time, we will need to see proof of your efforts to sell.

You (13) need to let us know right away if you (14):

• sell the property;

• stop trying to sell the property; or

• refuse an offer to buy the property.

We will decide then whether you can still get SSI.

For you to receive SSI, the resources that you (15) own cannot be worth more than (16). We call this amount the limit on resources. Resources are the things that you (17) own such as cash, stocks, bank accounts, certain types of life insurance, buildings, and land on which you do not live. We do not include as resources the home in which you (18) live, one car used for necessary activities, and some other things.

Fill-Ins:

1. Choice 1 - null
   Choice 2 - and your spouse

2. Choice 1 - null
   Choice 2 - and your spouse
   Choice 3 - and (the names of any deemors on the record)  

3. (Description of the property; for example, the house at 46 Oak Avenue) 

4. Choice 1 - null
   Choice 2 - continue to

5. Same as fill-in 1  

6. Month/Day/Year (if mailed, 5 days after the date on the notice; in person, the day notice is received)  

7. Same as fill-in 2  

8. (CMV of the property that is on the SSA-8060, the conditional agreement)

9. Same as fill-in 2  

10. Same as fill-in 2  

11. Choice 1 - You (1A) cannot refuse a reasonable offer to buy this property. Since the property is worth (2A), we consider an offer of at least (3A) to be reasonable. If you (4A) do not accept an offer of at least (5A), you must prove to us why the offer was unreasonable or we may stop your SSI payments.

    (1A)Same as fill-in 2

    (2A)Same as fill-in 8

    (3A)(Two-thirds of the CMV in (8))

    (4A)Same as fill-in 2

    (5A)Same as fill-in (3A)
    Choice 2 - null (if other than real property)

12. Same as fill-in 1 

13. Same as fill-in 1  

14. Same as fill-in 2  

15. Same as fill-in 1  

16. Choice 1 - $2,000 in Month/Year
    Choice 2 - $3,000 in Month/Year

17. Same as fill-in 1  

18. Same as fill-in 1

3. Denial or suspension for lack of reasonable efforts to sell and lack of good cause

For denial and suspension notice language due to lack of reasonable efforts to sell and no good cause, see SI 01130.140E.2.

C. References

• SI 01130.140, Real Property Following Reasonable but Unsuccessful Efforts to Sell It Throughout a 9-Month Period of Conditional Benefits

• SI 02220.001, Recovery Procedures for SSI Overpayments - General