Last Update: 8/6/09 (Transmittal I-4-21)
A blind or visually impaired claimant or recipient is any individual who is applying for or receiving title II or title XVI benefits and states he or she needs assistance because of a visual impairment. For the purpose of this provision, a blind or visually impaired claimant or recipient includes:
blind or visually impaired adults;
legally competent blind or visually impaired children who have attained age 18; and
blind or visually impaired children, age 15-17, who receive direct payment of their title II or title XVI benefits (GN00502.005).
A blind or visually impaired claimant or recipient may elect to receive notices from the Social Security Administration (SSA) in English or Spanish in one of the following ways:
first class mail with a follow-up telephone call from SSA within 5 work days after the date the notice is mailed;
certified mail; or
first class mail (without a follow-up telephone call).
Exception: Since issuance of notices is based on the allegation of the claimant or recipient and not the representative payee, there is currently no way to provide a special notice option for a blind or visually impaired representative payee of an adult claimant or recipient when separate notices are issued to the claimant or recipient and the representative payee and claimant or recipient and representative live at different addresses. In those instances, SSA gives the special notice option (certified letter or follow-up telephone call) to the claimant or recipient, but not to the representative payee. However, if the blind or visually impaired individual is a representative payee for any adult who lives at the same address, e.g. spouse, disabled adult child, the representative payee can request that the beneficiary/recipient receive the special notice so that he/she can have the benefit of it.
For a blind or visually impaired representative payee of a minor, where only one notice is issued, a request for a special notice procedure for the child results in a special notice to the representative payee on behalf of the child.
When an OAO analyst receives a case in which the Hearing Office (HO) has indicated on the transmittal form (HA-5051) that a special notice is necessary or when the analyst identifies it as a case involving a blind or visually impaired claimant or recipient, the OAO analyst will indicate on the Blind/Visually Impaired Claimant/Recipient, Notice Option flag the option the claimant or recipient has selected and attach the flag to the case. The analyst will access miscellaneous documents (MISC) in the Document Generation System (DGS) to select the Blind/Visually Impaired Claimant/Recipient, Notice Option flag.
When a member of the OAO staff identifies a claimant or recipient who requires special notice, he or she will perform the following tasks in the Appeals Review Processing System (ARPS):
Access the ARPS record for that claimant via [EDIT] mode.
Click on the [Case Details] tab.
Expand the [Parties of Interest] section.
Click on [EDIT] for the claimant.
Place a checkmark in the box in front of [Visually Impaired] and then [Save].
Click on the [Case Closure] link at the top of the screen.
In the [Other Remarks] text box at the bottom of the Case Closure screen add the following remark: “Visually Impaired Individual - Special Notice Procedures Required.”
Click [Save] at the bottom of the screen.
These actions will alert the individual who closes the case that the special notice procedures are required.
Process these cases in the same manner as the HO staff (see HALLEX I-2-3-50), except as follows:
If the claimant or recipient elects the certified mail option, route all mail requiring certification to the OAO Branch support staff for certification and release of the correspondence.
If the claimant or recipient elects the first class mail with a follow-up telephone call option, make the follow-up calls. Advise the branch support staff, via the route slip, to return the case to the branch promptly after release of any correspondence because the analyst must attempt the first call within five work days after the date the notice is mailed.