Effective Dates: 06/21/2019 - Present Previous | Next

TN 41 (06-19)

GN 00306.315 Disallowing a Title II Child Claim Based on Failure to Establish Relationship

A. Consider all possible means to entitle child to benefits

Before disallowing a child's claim based on failure to establish relationship, explore all possible relationship provisions, consecutively or concurrently.

Review the following instructions to determine if you can establish a parent-child relationship:

If you find there are no definitive instructions to determine conclusively whether the child is or is not the child of the NH, request a legal opinion following instructions in GN 01010.815.

B. Obtain Form SSA-2519 Child Relationship Statement

Before disallowing a claim for not meeting the relationship requirement (disallowance code 32):

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    assist the claimant (as needed) to complete the SSA-2519 (see GN 00306.300); and

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    follow up on information listed on the SSA-2519 that may have a bearing on the child's entitlement.

Fax the signed SSA-2519 into the Non-Disability Repository for Evidentiary Documents (NDRed).

C. Document child claims disallowed for not meeting the relationship requirement

Follow the steps in this section to document the claim disallowance when you determine that the child does not meet the relationship requirement for entitlement to Title II child benefits.

Use the disallowance code that corresponds to the parent-child relationship alleged in the claim, even though other relationship provisions have been considered.

1. Claims disallowed under code 32 (does not meet State intestacy or Federal relationship requirement)

Record the following information on the MCS Report of Contact (RPOC) screen (or in item 5 of the SSA-2519 in non-MCS cases):

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    the specific means of meeting the relationship requirement you developed;

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    the specific kinds of evidence you requested;

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    if the evidence was unobtainable, explain why; and

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    if the evidence was unpersuasive, explain why it failed to meet the criteria.

2. Claims disallowed under codes 33 (step-relationship not within time limit), 34 (no step-relationship), and 35 (not adopted child of NH)

Record the following information on the MCS RPOC screen (or on a SSA-5002 Report of Contact in non-MCS cases):

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    the specific means of meeting the relationship requirement you developed;

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    the specific kinds of evidence you requested;

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    if the evidence was unobtainable, explain why; and

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    if the evidence was unpersuasive, explain why it failed to meet the criteria.

For a non-MCS case, fax the SSA-5002 into NDRed.

D. Prepare notices

Designate notice language as appropriate.

In some instances, disallowance notices redirect to the Program Service Center (PSC) because they require manual completion. To allow PSC technicians to include the appropriate reasons in a disallowance notice:

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    Annotate the disallowance reason in the RPOC; and

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    Code the appropriate standard paragraph(s) or dictated paragraph(s) on the Notice 3 (NOT3) screen in MCS.

E. References

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    GN 00306.300 Child Relationship Statement – Form SSA-2519

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    GN 00306.305 Determining Status as Number Holder's Child: When to Request a Legal Opinion

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306315
GN 00306.315 - Disallowing a Title II Child Claim Based on Failure to Establish Relationship - 06/21/2019
Batch run: 09/18/2023
Rev:06/21/2019