PURPOSE: To establish a rule for determining the month in which the Secretary of Health and Human Services receives the Notice of Deportation in those cases where the date of receipt is not shown on the form, is illegible, or the date is not in the Alien Deportation Master File.
CITATIONS (AUTHORITY): Section 202(n)(1)(A) of the Social Security Act; Regulations No. 4, section 404.464(a).
PERTINENT HISTORY: Section 202(n) of the Social Security Act provides that no monthly benefit shall be paid to an individual on the basis of his or her wages and self-employment income for any month after the month in which the Secretary is notified by the Attorney General that such individual has been deported. (The deportation must have been under certain specified sections of the Immigration and Nationality Act.) The Form I-157, Notice of Deportation, contains the date on which the individual was deported and is date stamped upon receipt by the Social Security Administration (SSA) to indicate the date on which the Secretary was notified.
Information from the Form I-157, including the date on which the notice was received, is entered into the Alien Deportation Master File maintained by the Office of User Requirements and Validation of SSA. The Alien Deportation Master File fails, however, in approximately 15 percent of the entries, to show the date the notice was received. Often, the date of receipt was not stamped on, or is illegible on the Form I-157. Thus, in some instances where the date of receipt would have a direct bearing on the payment of benefits, the date is not available.
The original of the Form I-157 is retained by the Immigration and Naturalization Service; however, it would not serve to prove when the form was received by SSA. Experience shows that the majority of the Forms I-157 are received within one month of the date of the deportation.
POLICY STATEMENT: When the Form I-157, Notice of Deportation, or the Alien Deportation Master File does not reflect the date of receipt by SSA or the date is illegible, the month of receipt will be deemed to be the month following the month in which the I-157 shows that the worker was deported.
EFFECTIVE DATE: Upon receipt.
FURTHER INFORMATION: The claim file of the deported beneficiary will be documented to explain that, in the absence of the actual date of receipt, the date is established based on the date of deportation, using this Program Policy Statement as authority.
CROSS-REFERENCES: Program Operations Manual System, Section RS 02635.010.
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