BETs are responsible for certifying “date claim filed” to foreign agencies. They must enter this date on liaison forms. Frequently, BETs will be able to establish a more advantageous “date claim filed” than the date the totalization application was filed.

1. a. 

   If an RSDI claim was adjudicated prior to the effective date of the totalization agreement, the claimant has 60 days from the date of adjudication to submit additional evidence (i.e., an application for totalization benefits). If the additional evidence is submitted within the 60-day period, the date of filing for RSDI benefits can be used as protective filing for totalization. If such evidence is received after the 60-day period, the RSDI application date cannot be used as protective filing unless good cause is established.

2. b. 

   If the RSDI claim is adjudicated after the effective date of the totalization agreement and:

   1. 1. 

      The claimant has indicated that there was work in the foreign country, a protective filing exists until it is closed out in accordance with GN 00204.010.

   2. 2. 

      The claimant answered no work was performed under another country's social security system—certify the date the totalization application was filed.

   3. 3. 

      The claimant completed an application which did not contain the foreign work question—handcarry the folder to a CATA to determine whether or not GN 04020.080 applies.

Do not send evidence of protective filing to foreign agencies if it is evidence which would not ordinarily be included with the package, but retain it in the folder for documentation. However, if the foreign agency indicates it has established a less advantageous “date claim filed” than the one established in the U.S. file, forward a copy of the U.S. evidence to the foreign agency.

Under many foreign systems, some life claims have no retroactivity. In addition, many foreign systems have no provision for automatic life to death conversions. Therefore, when a worker dies before adjudication of his/her claim and a survivor application is received, certify a date claim filed for the life claim and a date claim filed for the survivor claim. This will require that occasionally both a life claims package and a death claims package must be prepared simultaneously.

Confer with CAs when there is any question concerning the “date claim filed.”

In addition to entering the “date claim filed” on the liaison form(s), enter this date in the “FOR SSA USE ONLY” block after the signature blocks on the Form SSA-3954-BK-IT.

Under the Italian system, some claims have limited retroactivity. Therefore, establish the earliest possible filing date. However, survivor claims have unlimited retroactivity; therefore, show the actual date that a survivor claim was filed.

In addition to entering the protective filing date on the liaison form(s), enter this date in the “FOR OFFICIAL USE ONLY” block on the last page of Form D/USA 1 and D/USA 2.

Under the German system, some claims have no retroactivity. Therefore, it is extremely important that the earliest possible filing date be established. However, survivor claims have unlimited retroactivity.