SSR 83-32: TITLE II: DEPORTATION -- MONTH IN WHICH NOTICE OF DEPORTATION IS RECEIVED

(PPS-106)

SSR 83-32

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.

nces 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.