HI 01120: New Initial Determinations Using Beneficiary Information
TN 4 (07-10)
B. What Evidence is Needed to Support Use of a More Recent Taxable Year to Determine IRMAA
D. How to Record Evidence Provided on EVID Screens
A. Policy
A beneficiary may request and qualify for the use of a more recent tax year to determine IRMAA based on a reduction in MAGI after the beneficiary or his spouse has received a settlement payment from a current or former employer. The settlement payment has to be a result of an employer or former employer’s closure, bankruptcy or reorganization in order to qualify as an LCE under this category. All LCE reports only apply to the reporting spouse. Do not extend the use of the more recent tax year to the non-reporting spouse. If the non-reporting spouse is also affected by the LCE, the non-reporting spouse is responsible for contacting SSA.
B. What Evidence is Needed to Support Use of a More Recent Taxable Year to Determine IRMAA
If the beneficiary alleges he or his spouse received a settlement from an employer or former employer, in the tax year we used and has had a significant reduction in his MAGI for the current or a more recent tax year than we used to determine IRMAA, SSA will need MAGI and tax filing status information for the tax year he is asking SSA to use and proof of the settlement and reason for the settlement.
A beneficiary may submit the following tax information:
An estimate of MAGI and tax filing status for the tax year they are requesting SSA to use (current year or PY-1), or
A signed copy of the PY-1 tax return (or a filed amended tax return with an IRS letter of receipt for PY-1) if PY-1 tax return shows a significant reduction in MAGI.
SSA will accept as proof of the settlement any evidence submitted by the beneficiary that clearly documents the event such as:
A statement from an employer,
Court document showing settlement and terms, or
Statement from the employer’s attorney stating settlement and terms,
NOTE : If the beneficiary provides an estimate of MAGI, process the request using the estimate. Request the beneficiary to submit a signed copy of the tax return once it has been filed with the IRS. Once the filed tax return is received follow the procedures listed in HI 01120.065. If a beneficiary alleges electronic filing, ask the beneficiary to print and sign a copy of the electronic return. If a beneficiary is updating a MAGI estimate, follow the procedures listed in HI 01120.065.
C. How to Process the Request
If |
Then |
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The beneficiary states that he or his spouse received a settlement from an employer or former employer in the tax year we used, and has had a significant reduction in his MAGI for the current tax year |
The IRRE Screen will display the current and recalculated IRMAA data. The “New Determination Results” field will provide the determination based on the information entered.
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D. How to Record Evidence Provided on EVID Screens
If |
Then |
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The beneficiary provides a statement or letter from an employer. |
EXAMPLE – Delta airlines-reorganization-John Q Public |
The beneficiary provides a court document showing settlement and terms. |
EXAMPLE – Delta airlines-reorganization-John Q Public |
The beneficiary provides a statement from the employer’s attorney stating settlement and terms |
EXAMPLE – Delta airlines-reorganization-John Q Public |