Page images
PDF
EPUB

Supplemental Security Income

Establishing the Filing Date of A
Supplemental Security Income
Claim Based on An Oral Inquiry;
Establishing Uniform Time Limits
for An Oral or Written Inquiry-
PPS-47 ....

Supplemental Security Income-
Eligibility Due to Institutional
Status..

Supplemental Security Income-
Eligibility-Status of
Institution...

Supplemental Security Income-
Eligibility-Institutionalization
Throughout A Month...
Supplemental Security Income-
Eligibility-Inmate of Public
Institution A Ruling of
Nonacquiescence.

Eligibility of Individuals Residing
In Publicly Operated Community
Residences Which Serve No More
Than 16 Residents-PPS-15.
Supplemental Security Income-
Eligibility-Effect of Brief

Absences From Public Institution

Supplemental Security Income

Definition of Eligible Spouse..

Page
No.

446

448

451

454

455

458

461

462

[blocks in formation]
[blocks in formation]
[blocks in formation]
[blocks in formation]

TITLE XVI: ESTABLISHING THE FILING DATE OF A SUP-
PLEMENTAL SECURITY INCOME CLAIM
BASED ON AN ORAL INQUIRY; ESTABLISH-
ING UNIFORM TIME LIMITS FOR AN ORAL
OR WRITTEN INQUIRY

PURPOSE: To set out a new policy on treating the date of an oral inquiry as the filing date for supplemental security income (SSI) benefits.

In addition, this statement provides a uniform 60-day period from the date of a notice of ineligibility based on a written or oral inquiry during which the filing date is protected.

CITATIONS (AUTHORITY): Section 1631(e) (1) (A) of the Social Security Act; Regulations No. 16, sections 416.335(d) and 416.336; SSI Study Group Report; Commissioner's Decision of March 15, 1977.

PERTINENT HISTORY: The SSI regulations (section 416.335) have provided that, under certain conditions, the date of a written inquiry that expresses an intent to file a claim, may be used as the filing date of a claim for SSI. Where such a written statement has been received, the Social Security Administration has notified the inquirer in writing that a formal determination on his or her right to benefits will be made if an application form is filed within 30 days of the date of the notice. If an application form has been filed within this period, the date of the written inquiry has been used as the filing date.

There has been no procedure for establishing a filing date based on the date of a comparable oral inquiry. The SSI Study Group, which evaluated the SSI program, recommended that a written record be made of oral inquiries for SSI. The process of informally denying persons inquiring about SSI eligibility was criticized as affording inadequate protection to the inquirer if there was any misunderstanding at the time of the inquiry. A proposal submitted to the Commissioner recommended that a written record be made of each oral inquiry about SSI which did not result in the filing of a claim. An individual who was advised that he or she was ineligible for SSI was to be given a written notice showing the reason for ineligibility. The notice would also inform the inquirer that (1) if he or she wished to receive a formal determination, including the right to appeal, it would be necessary to file a claim and that (2) if a claim was filed within 60 days of the date on the notice, and eligibility was established, the date of the oral inquiry would be used as the filing date.

The proposal was approved by the Commissioner for testing purposes. After a test was conducted, the results were reported to the Commissioner, who then approved the proposal for national implementation.

POLICY STATEMENT: (1) An individual inquiring in person (or by phone) about SSI eligibility will be sent a written notice showing the reason for ineligibility. The notice will also advise the inquirer that a formal decision cannot be made unless an application form is filed, and that if an application form is filed within 60 days of the date on the notice, the date of the oral inquiry will be used as the filing date. (2) The 60-day period will also apply to written inquiries.

EFFECTIVE DATE: These policies are effective July 2, 1979, the date of publication of final regulations in the Federal Register (44 FR 38456). FURTHER INFORMATION: (1) The revised policy applies to all oral inquiries (in person or by phone) about SSI eligibility. All persons inquiring

« PreviousContinue »