The POMS - Program Operations Manual System - are Social Security’s regulations by which
the agency operates its many programs. Before they were called the Program Operations Manual System (POMS),
SSA's internal operating instructions were called the Claims Manual. The first version of the Claims manual appeared in
January 1937
These are the POMS on PASS. The PASS provision ispart of the original legislation that created the SSI program,
which was signed into law by President Nixon in 1972.
Statutes are usually broad and brief. The regulations are then written by the programs and entities affected by the
statute, and it is the regulations that spell out exactly how the program will implement the statute. Regulations are
lengthy and detailed, and the devil is in the details.
There have been at least 4 versions of the POMS on PASS, all technically consistent with the
statute. The original regulations, in force for 20+ years, set limits on the length of a PASS.
These limits were challenged in court (Heckler v. Panzerino), resulting in an act of Congress that
eliminated the time limits in 1995. Since its inception, PASS’s were reviewed by local SSA
offices. In early 1997, in a knee-jerk reaction to a negative GAO (General Accountability Office)
report to Congress about PASS, new Draconian POMS were hastily (in 2 months) written,
forbidding using instalment loans to purchase vehicles, and narrowly defining business start-up
costs. All PASS’s went to a central group of PASS reviewers in Baltimore fr review. Advocates
protested, resulting in a policy statement by then Asst. Commissioner Colvin rescinding these
strict regulations, and review of PASS’s was established in the ten federal regions. Due to the
problems with the earlier versions of the POMS on PASS, SSA conducted a long, open process
to write them, and published the current POMS in Sept. 2001.
The POMS are not intended to inform beneficiaries. They are directions to Social Security
personnel telling them what to do in implementing the PASS provision. Whether the POMS are
cut in stone or “just guidelines” can depend on the employee interpreting them - and also on
whether the POMS supports your side of an argument or theirs. But usually, if you can back up
what you want done with your PASS by referencing the POMS, you will prevail.
It is useful to be familiar with the POMS. Local offices are often poorly informed about PASS,
and insist that their incorrect ionformation is correct, for example, stating that a PASS can’t be
used to buy a car, or that an SSDI check can’t go into a PASS. But they can’t argue if you show
them the citation in the POMS that backs you up. It is the POMS, more than common sense or
human decency, that makes the argument with SSA.
DISCLAIMER: These POMS are copied directly from a disk obtained somewhat covertly from
Social Security. Barrier Breakers is not responsible for spelling, typos, grammar, alignment,
consistency, accuracy, or political correctness.
PLANS FOR ACHKIEVING SELF SUPPORT
Table of Contents (Barrier Breakers’ added notes in Italic)
OVERVIEW
SI 00870.001 Congressional Intent
Income and Assets that can be Put in a PASS
SI 00870.002 Terms Pertinent to PASS
SI 00870.003 Applicability of PASS
SI 00870.004 Helping Set Up A PASS
SI 00870.005 Referrals To Other Agencies
THE PLAN AND THE EXCLUSIONS
SI 00870.006 Elements of a PASS
SI 00870.007 When To Start A PASS
SI 00870.008 Exclusions (Allowable expenses) Under A PASS
SI 00870.010 Related Work Incentive Policies
IMPLEMENTING AND MAINTAINING A PASS
SI 00870.020 PASS Procedures - Field (local) Office
SI 00870.023 Completion Of PASS Application Form
SI 00870.025 Documenting And Reviewing A PASS--PASS Expert
SI 00870.026 The Business Plan (for a self employment PASS)
SI 00870.030 Modification Of A PASS
SI 00870.040 Initial PASS Notices
SI 00870.045 Processing PASS Reconsiderations
SI 00870.050 PASS Amendments
PROGRESS REVIEW
SI 00870.055 Monitoring PASS Progress
SI 00870.060 Progress Review Notices
CLOSING OUT A PASS
SI 00870.070 Suspension Or Termination Of A PASS
SI 00870.080 Resumption Of A PASS
SI 00870.100 Exhibits