Last Update: 8/6/09 (Transmittal I-2-76)
A blind or visually impaired claimant or recipient is a person who is applying for or receiving title II or title XVI benefits for any reason, and who is blind or indicates that 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:
legally competent blind or visually impaired adults;
legally competent blind or visually impaired children who have attained age 18; and
blind or visually impaired children, ages 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 (HALLEX I-2-3-45) in one of the following ways:
first class regular mail with a follow-up telephone call from SSA within five workdays after the notice is mailed;
certified mail; or
regular mail service without a follow-up telephone call.
Blind or visually impaired representative payees.
Some people with requests for hearing have blind or visually impaired representative payees. Issuance of notices using the special notice option is based upon 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 when separate notices are issued to the claimant or recipient and to the representative payee and the claimant or recipient and the representative payee live at different addresses.
If the blind or visually impaired representative payee lives at the same address as the claimant or recipient, e.g. spouse or disabled child, the representative payee may request the special notice option for the claimant or recipient so that he or she may have the benefit of it.
Generally, the field office (FO) or the Disability Determination Services (DDS) assists the blind or visually impaired claimant or recipient in selecting a notice option and records the selection on the application, the MBR, the SSR, SSA-831, SSA-832, SSA-636, SSA-3367, or SSA-5002. See POMS, NL 00603.030; NL 00603.035; NL 00603.045; and NL 00603.050. However, if a hearing office (HO) receives an inquiry from a blind or visually impaired claimant or recipient who has not selected an option, or who wishes to change a previously selected 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 blind or visually impaired claimant or recipient who has already selected a special option for receiving notices or may need to make a selection.
If the blind or visually impaired claimant or recipient has already made a selection, record the notice option selected by:
Placing a check mark in the “Visually impaired” checkbox in CPMS on the Claimant Information Update Screen (this screen appears when you click on the edit link next to the claimant's name on the Parties of Interest Screen). Add a description of the special notice option the claimant has chosen in the “Notes” field.
Adding a “To Do” item in CPMS by:
Selecting “Other—Pending Case Action”
Adding to the “Information” field “Visually Impaired – Special Notice”
Setting the due date as far into the future as possible
Updating the “Employee” field as appropriate
Adding a Message to eView if the case is electronic stating: “Visually Impaired – provide notice by _______” {enter option claimant or recipient selected}
Process the RH following the usual procedures, using the selected notification method.
If a represented blind or visually impaired claimant or recipient has not made a selection, contact the representative to explain the notification options and responsibilities, and obtain the blind or visually impaired claimant's or recipient's selection. Record the contact on an SSA-5002 and place in the claim file. Record the option selected in CPMS as outlined in D.2. above.
If an unrepresented blind or visually impaired claimant or recipient has not made a selection, contact the claimant or recipient to explain the notification options and responsibilities and obtain the selection. Record the contact on SSA-5002 and place in the claim file. Record the option selected in CPMS as outlined in D.2. above.
If the claimant or recipient selected the first class 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 or recipient selected the certified mail option, mark as exhibits 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 or recipient selected the first class regular mail with telephone follow-up call 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 blind or visually impaired claimant or recipient who has selected the telephone option within the 5 days provided by B.1.a. above:
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 exhibits in the administrative record; and
c. allow the person 5 days to respond.
If the person described in 8. above, does not respond to the written notice sent by certified mail:
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 blind or visually impaired 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 or visually impaired 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.)
If the case is paper, annotate the HA-5051 to indicate that the blind or visually impaired claimant or recipient has selected a special notice option and the type of special notice option selected. If the case is electronic, be sure that the special notice option selection is recorded on the Alerts and Messages tab of eView.