Last Update: 8/15/05 (Transmittal I-2-60)
A blind claimant or recipient is an individual who is applying for or receiving title II or XVI benefits on the basis of blindness. For the purpose of this provision, a blind claimant or recipient includes:
legally competent blind adults;
legally competent blind children who have attained age 18; and
minor blind children who receive direct payment of their title II or title XVI benefits.
A blind claimant or recipient may elect to receive notices from the Social Security Administration (SSA) in English or Spanish in one of the following ways:
telephone call;
certified mail; or
regular mail service.
Generally, the field office (FO) will have assisted the blind claimant or recipient in selecting a notice option and will have recorded the selection on the application, SSA-831 and SSA- 5002. However, if a hearing office (HO) receives an inquiry from a blind claimant or recipient who has not elected an option, or who wishes to change a previously elected option, the HO must offer the options to the claimant or recipient.
When the HO receives a request for hearing (RH), determine whether the case involves a claimant or recipient who is applying for or receiving title II or title XVI benefits on the basis of blindness, and if so, whether the claimant or recipient has already elected an option for receiving notices.
If the claimant or recipient has already made an election, show the option elected in the remarks section of the SSA-636-U3 or SSA-3583-U2 transmittal notice, and process the RH following the usual procedures, using the elected notification method.
If a represented claimant or recipient has not made an election, contact the representative to explain the notification options and responsibilities, and obtain the claimant's or recipient's election. Show the option selected in the remarks section of SSA-636-U3 or SSA-3583-U2.
If an unrepresented claimant or recipient has not made an election, contact the claimant or recipient to explain the notification options and responsibilities and obtain the election. Show the option selected in the remarks section of SSA-636-U3 or SSA-3583-U2.
If the claimant or recipient has elected the regular mail option, mark as an exhibit in the administrative record a copy of any notice sent to the claimant. Assume that the claimant received the notice.
If the claimant elected the certified mail option, mark as an exhibit in the administrative record a copy of any notice sent to the claimant and the certified receipt returned from the post office.
If the claimant elected the telephone option:
send the notice by mail; and
within 5 workdays after mailing the notice, contact the claimant by telephone (make at least 3 attempts);
read the notice (over the telephone) to the claimant; and
prepare a report of contact to be included as an exhibit in the administrative record to document the telephone conversation.
If the HO staff is unable to contact by telephone a claimant or recipient who has elected the telephone option:
send the claimant or recipient a written notice by certified mail and ask the person to contact the HO;
mark the certified mail receipt and notice as an exhibit in the administrative record; and
allow the person 5 days to respond.
If the person described in 8., above, does not respond to the written request:
cease efforts to contact the person, and
refer the case to an ALJ for appropriate action.
NOTE:
Do not postpone the action which the notice proposed solely because the claimant or recipient does not respond to the written request. For example, proceed with action to suspend payments or undertake representative payee development.
If a blind claimant or recipient indicates the telephone call or written notice was not received timely, refer the case to an ALJ for a “good cause” determination. (See I-2-0-60, Good Cause for Late Filing.)
Alert other components to cases requiring special notices for a blind claimant or recipient by so indicating on the remarks section of Form HA-5051 (Transmittal of Decision or Dismissal by Administrative Law Judge).