POMS Reference

NL: Notices, Letters and Paragraphs

TN 6 (12-93)

A. Policy - general

When an individual is being awarded benefits, we must send a notice of award. This is true both when two, or more, benefits are being awarded simultaneously, and when one benefit is being awarded subsequent to another benefit. We should not send a postentitlement notice when awarding a subsequent benefit in a dual entitlement case even though this subsequent award may contain postentitlement information regarding the benefit that was previously awarded.

B. Kinds of dual entitlement awards

Dual entitlement awards are:

1. Simultaneous entitlement

Simultaneous entitlement occurs when two or more benefits are awarded at the same time, but not necessarily with the same date of entitlement.

2. Subsequent entitlement

Subsequent entitlement occurs when benefits are awarded at separate times.

  1. The most common situation is when an auxiliary or survivor benefit is awarded after a primary award to the same person.

  2. The other situation is when the primary benefit is awarded after an auxiliary or survivor award.

C. Policy - methods of payment

Methods of payment are as follows:

1. Benefits combined in one payment

We issue a combined payment under the primary claim number when both benefits are paid from the same trust fund (see below for exception).

2. Benefits paid in separate payments

We issue separate payments, each under the claim number of the benefit paid, when:

  1. benefits are paid under different trust funds;

  2. there is entitlement to a remarried widow(er)'s benefit on another SSN and the spouse's benefit exceeds the widow(er)'s benefit.

D. Description of award notice

Award notices show the following:

1. Third line heading

Third line heading should be “Notice of Award.”

2. Opening statement

The opening statement will be one of the following:

IF THEN USE:
  • Separate Checks (Simultaneous or subsequent awards)

AWD013

  • Simultaneous Entitlement (combined check — one award notice)

AWD013 followed by ENT027

  • Primary benefits after auxiliary/survivor

AWD013

  • Auxiliary/survivor after primary

BEN089

3. Paragraph explaining payment on each SSN

A paragraph explaining payment on each SSN will be one of the following:

IF THEN USE:
  1. Separate Checks

 
  • Simultaneous Entitlement, two award notices

Primary Award

ENT028 (under “Your Benefits”)

Auxiliary/Survivor Award

ENT029 (under “Your Benefits”)

  • Subsequent Entitlement (Auxiliary/Survivor)

ADJ021 (under “What We Will Pay”)

  1. Combined Checks

 
  • Simultaneous Entitlement one award notice

ADJ020 (under “What We Will Pay”)

  • Primary benefits after auxiliary/survivor

BEN053 (under “Your Benefits”) - provide MBP for auxiliary survivor in fill-in 2, and MBP for primary in fill-in 4. (These should add up to the monthly benefit payment shown in the check paragraph.)

  • Auxiliary/Survivor after primary

PAY032 (under “What We Will Pay”)

4. Other dual entitlement paragraphs

Other dual entitlement paragraphs are as follows:

IF THEN USE:
  1. LSDP being paid

DTH009

  1. Benefits paid in combined check

BEN051

  1. Benefits paid in separate checks

BEN052

  1. Beneficiary already entitled to SMIB as an “A”

HIB021

  1. Beneficiary already entitled to SMIB as an auxiliary/survivor and primary benefit being awarded

HIB022

5. Other paragraphs

  1. Include any other paragraph applicable to the specific case, e.g., work deductions, COLA, etc.

  2. Include mandatory award paragraphs (see NL 00601.010B)