1
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Does the claimant allege that the worker is a U.S. citizen or national of the U.S.?
(See GN 00303.120)
-
•
If YES, continue with Step 2.
-
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2
|
Has the claimant submitted acceptable evidence of the worker's U.S. citizenship/U.S.
nationality or does a prior SSA record establish the worker's U.S. citizenship/U.S.
nationality? (See GN 00303.300)
-
•
If YES, STOP. The provisions of Section 211 of the SSPA are not applicable since the worker is
not an alien. Determine insured status using all of the worker's covered earnings
and the regular instructions for insured status found elsewhere in this subchapter.
-
•
If NO, assume the worker is an alien and continue with Step 3.
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3
|
Does the alien worker have an SSN?
-
•
If YES, continue with Step 4.
-
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4
|
Obtain the NUMIDENT record.
Is there a Special Indicator Code (SPIN) of 1, 2, 4, 5, or 7 on the NUMIDENT?
-
•
If YES, contact your Regional Office for guidance. See RM 10215.200. Continue with Step
5.
-
•
If NO, continue with Step 5.
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5
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Does the earliest NUMIDENT record for the alien worker's SSN (i.e., the record with an Entry Type Code
(ETC): O Original SSN show a Cycle Date (CYD) that is on or after 01/01/2004 indicating
that the SSN was originally assigned on or after 01/01/2004?
-
•
If YES, continue with Step 6.
-
•
If NO, STOP. The alien worker is exempt from the requirements of Section 211 of the SSPA.
Determine insured status using all of the worker's covered earnings and the regular
instructions for insured status found elsewhere in this subchapter.
NOTE: There are 3 situations when the Cycle Date (CYD) on the earliest NUMIDENT record
may not be a reliable indicator of when the alien worker's SSN was originally assigned:
-
•
“Wrong Number SS-5:” can occur when SSA erroneously assigned another person's SSN to the alien worker (RM 10220.350). Obtain
a microprint of the SS-5 in accordance with RM 10220.350. If an alien worker could
have legitimately been assigned an SSN before 1/1/04, the worker is exempt from the
requirements of section 211 of the SSPA.
-
•
“Scrambled earnings:” can occur when one person intentionally uses another person's SSN (RM 03870.048 and MSOM EM 010.002 ). For the purpose of determining whether an alien worker's SSN
was originally assigned on or after 1/1/2004, go by the SSN, if any, that was properly assigned to the alien worker based on their own true identity. See RS 00301.102F.4. for an example of a case involving scrambled earnings.
-
•
“New SSN:” In certain situations, a worker who was originally and properly assigned one SSN
may be assigned a new (i.e., different) SSN in accordance with RM 10220.005, RM 10220.105,
or RM 10220.200 as appropriate. Use the date the original SSN was assigned to determine whether the alien worker's SSN was assigned on or after
1/1/2004.
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6
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For an alien worker who was originally assigned an SSN on or after 01/01/2004:
Does any record on the NUMIDENT for the alien's SSN (including the record established
for an SSN assigned in connection with the current claim) show one of the following
codes indicating the alien NH is or was at any time authorized to work in the United
States?
-
a.
An Evidence -Interview Code (IDN) of “H” indicating permanent employment authorization
as a lawful permanent resident (LAPR), refugee, asylee, or citizen of a Compact of
Free Association country, and thus has employment authorization inherent in immigration
status; or
-
b.
An Evidence -Interview Code (IDN) of “C” and/or a Citizenship (CSP) of “B” indicating
status as a lawfully admitted alien with work authorization (but not an LAPR).
See RM 10235.005 for Evidence - Interview Codes (IDN) , Citizenship (CSP) codes, and
the Cycle Date (CYD) field.
-
•
If YES, the alien worker meets the requirement for having a “work SSN card” under Section
211 of the SSPA. Skip to Step 15 for determining whether the alien worker meets insured
status based on their covered earnings.
-
•
If NO, continue with Step 7.
NOTE: Take action to correct erroneous Citizenship (CSP) or Evidence - Interview Codes
(IDN) before evaluating these codes under this step. If an erroneous code cannot be
corrected, evaluate the NUMIDENT record based on what the code should be and document
the folder accordingly.
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7
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For an alien worker who either has no SSN or has not been issued an SSN card for work
purposes (i.e., they have or had an SSN for nonwork purposes):
Does the claimant allege the alien worker currently has authorization to work in the
U.S., or, if the alien worker is deceased, does the claimant allege that the alien
worker had work authorization at the time of death?
-
•
If YES, continue with Step 8.
-
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8
|
Verify current work authorization status or, if the alien worker is deceased, work
authorization at the time of death.
-
a.
Ask for documentary evidence of the alien worker's current authorization to work in
the U.S./work authorization at the time of death in accordance with RM 10211.420 and RM 10211.530.
NOTE: Some alien categories, such as lawfully admitted permanent resident (LAPR), are automatically
work authorized. For example, an LAPR alien with an I-551 (Permanent Resident Card)
does not need a separate work permit document.
-
b.
Click on the following link to the Administrative Confidential Memorandum ACM for evaluating these documents:
-
c.
If the claimant has submitted acceptable evidence of the alien worker's current work
authorization/work authorization at the time of death, obtain an online SAVE query
in accordance with RM 10214.110 and MSOM INTRANET 002.001 .
-
d.
If the online SAVE query does not verify that the alien worker is currently authorized to work in the U.S. or that
they had work authorization at the time of death, request additional (secondary) verification
from DHS in accordance with RM 10214.150 and RM 10214.170.
The G-845 is available on SSA electronic forms or via the following DHS link: http://uscis.gov/graphics/formsfee/forms/g-845.htm
-
•
Enter the DHS office that services the SSAFO handling the claim for benefits. See
RM 10214.200 to find the servicing DHS office.
NOTE: The Office of International Operations should use the DHS office in Baltimore, Maryland
if the claimant is filing for benefits from outside the U.S.
-
•
Attach to the G-845 legible photocopies of the alien worker's current DHS immigration/work
authorization document.
-
•
Establish a 30-calendar day diary to control for receipt of the G-845 response from
DHS.
-
•
Use the G-845 Supplement in SI 00502.115G as needed if verification of lawful presence is also required in accordance with
RS 00204.020.
Continue with Step 9.
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9
|
Upon receipt of DHS' reply to the online SAVE query/G-845 request for verification
of work authorization status from Step 8:
Does the alien worker have current authorization to work in the U.S., or, if deceased,
did they have work authorization at the time of death?
-
•
If YES, then the alien worker is considered to meet the “work SSN” requirement of Section
211 of the SSPA. Skip to Step 15 for determining whether the alien worker meets insured
status based on their covered earnings.
-
•
If NO, continue with Step 10.
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10
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Does the claimant allege that the alien worker was ever admitted to the U.S. as a
visitor for business (DHS code “B-1”) or as an alien crewman (DHS code “D-1” or “D-2”)?
-
•
If YES, Continue with Step 11.
-
•
If NO, the alien worker does not meet the requirements of Section 211 of the SSPA. Skip
to Step 18 for processing a disallowance.
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11
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Does the claimant allege that the alien worker has current or prior status as a B-1
truck driver from Canada?
-
•
If YES, continue with Step 12.
-
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12
|
Verify status as a B-1 truck driver from Canada:
DHS permits B-1 truck drivers from Canada to enter the U.S. without any immigration
documents. Therefore, do not use the G-845 process described in Step 13 to verify
status as B-1 (business visitor) for these workers. Instead, obtain the following
documentation:
-
•
Evidence of the alien worker's Canadian citizenship such as a Canadian birth certificate
(see RM 10211.075); and
-
•
A written statement from the alien worker's employer indicating whether the alien
drove a truck in the U.S. for that company, and the applicable dates.
The employer statement and evidence of Canadian citizenship will serve as evidence
of B-1 alien status for the purpose of Section 211 of the SSPA. See RS 00301.102F.7. for an example involving a B-1 Canadian truck driver.
CAUTION: This procedure only applies to B-1 truck drivers from Canada.
Skip to Step 14
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13
|
Develop status as a B-1 (other than a Canadian truck driver), D-1, D-2 nonimmigrant
as follows:
-
a.
Ask for acceptable documentary evidence of the alien worker's current and/or prior
status as a B-1, D-1, or D-2 nonimmigrant. Acceptable evidence includes the following
documents:
-
•
DHS Form I-94 (Arrival Departure Record); or
-
•
DHS Form I-94 (Arrival Departure Record) in Unexpired Foreign Passport; or
-
•
I-95A&B or I-95 (Crewman's Landing Permit); or
-
•
I-184 (Alien Crewman Landing Permit and Identification Card);
(NOTE: DHS no longer issues the I-184, however an alien may have a valid card in their
possession that was previously issued by DHS); or
-
•
Other document listed in RM 10211.135 and RM 10211.530 as evidence of B-1, D-1, or D-2 nonimmigrant categories.
-
•
Click on the following link to the Administrative Confidential Memorandum ACM for evaluating these documents.
NOTE: The alien may not have an immigration document as evidence of prior status as a B-1, D-1, or D-2 nonimmigrant. Also, a person with prior admission to
the U.S. as a B-1, D-1, or D-2 could file a claim for benefits at a Foreign Service
Post in their home country, rather than at a FO in the U.S. In this situation, the
alien worker would not have a current immigration document.
-
b.
If the claimant has submitted acceptable evidence of the alien worker's current status as a B-1, D-1, or D-2 nonimmigrant, obtain an online SAVE query in accordance
with RM 10214.110 and MSOM INTRANET 002.001 to verify the alien worker's current B-1,
D-1, or D-2 status. If the online SAVE query does not verify the alien worker's current B-1, D-1, or D-2 nonimmigrant status, get additional
(secondary) verification in accordance with d., of this step.
-
c.
Ask the claimant to list all periods for which the alien worker may have been admitted
to the U.S. as a B-1, D-1, or D-2 nonimmigrant.
-
d.
If the claimant alleges the alien worker has current and/or prior status as a B-1,
D-1, or D-2 nonimmigrant that is not verified via the online SAVE query, prepare a
G-845 (Document Verification Request) to request additional verification of alien
status from DHS as follows:
-
-
•
Enter the DHS office that services the SSAFO handling the claim for benefits. See
RM 10214.200 to find the servicing DHS office.
NOTE: The Office of International Operations should use the DHS office in Baltimore, Maryland
if the claimant is filing for benefits from outside the U.S.
-
•
In item 7 of Section A of the G-845, indicate the alleged nonimmigrant status (B-1,
D-1, or D-2) and all periods for which such status may be applicable. If necessary,
attach a separate sheet listing these periods with the alien worker's known identifying
data: name, DHS admission number (if known), date of birth, and address.
-
•
IMPORTANT: Include a statement on the G-845 that it is only necessary for DHS to positively
verify (i.e. establish) one period of admission to the U.S. as a B-1, D-1, or D-2 nonimmigrant.
-
•
Attach to the G-845 legible photocopies of the alien's current DHS Form I-94 (Arrival/Departure
record) in an Unexpired Foreign Passport, I-95, I-184, or other immigration document
if available.
-
•
Establish a 30-calendar day diary to control for receipt of the G-845 response from
DHS.
-
•
Use the G-845 Supplement in SI 00502.115G as needed if verification of lawful presence is also required in accordance with
RS 00204.020.
Continue with Step 14.
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14
|
Upon receipt of DHS' reply to the online SAVE query/G-845 verification request from
Step 13, or the B-1 documentation for a Canadian truck driver from Step 12:
Does the documentation/verification establish any one period of the alien worker's status as a B-1, D-1, or D-2 nonimmigrant?
-
•
If YES, the alien worker meets the requirements of Section 211 of the SSPA. Continue with
Step 15 for determining insured status.
-
•
If NO, the alien worker does not meet the requirements of Section 211 of the SSPA. Skip
to Step 18 for disallowance processing.
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15
|
Determine whether the alien worker meets the applicable insured status test(s).
Determine insured status by using all of the alien worker's covered earnings and the
applicable insured status test(s) found elsewhere in this subchapter. See RS 00301.101B. for which test(s) is applicable for each type of benefit. Refer to RS 00301.250 for the amounts needed for a QC for calendar years after 1977. Obtain acceptable
evidence of earnings and resolve gaps in the earnings record and all other earnings
discrepancies in accordance with existing procedures.
Does the alien worker meet the applicable insured status test(s) for the type of benefit
being sought?
-
•
If YES, continue with Step 16 for processing an award, provided all other requirements for
entitlement are met.
-
•
If NO, skip to Step 17 for processing a “regular” insured status disallowance.
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16
|
Award: Alien worker meets the requirements of Section 211 of the SSPA and all other
requirements for insured status and benefit entitlement.
If a claimant seeking benefits based on the alien worker's earnings record (including
the alien worker) meets all of the requirements for entitlement, take the following
actions to process an award:
-
a.
If the alien worker has not yet been assigned an SSN, take action to assign an SSN
and if appropriate, issue an SSN card:
-
-
•
If the alien worker is currently a legal alien who is not authorized to work in the
U.S., issue an SSN card for nonwork purposes in accordance with RM 10211.600. (Applies only if the requirements of section 211 were met by reason of the alien
worker's status as a B-1, D-1, or D-1 nonimmigrant.)
-
•
If the alien worker is currently an undocumented alien, issue an SSN card for nonwork
purposes in accordance with RM 10211.500. (Applies only if the requirements of Section
211 were met by reason of the alien worker's status as a B-1, D-1, or D-2 nonimmigrant.)
-
-
b.
Resolve all earnings discrepancies in accordance with established procedures. Use
the Item Correction Process (IC) to move wages from the suspense file or other records
to the alien worker's earnings record, as appropriate. (See MSOM EM 010.002 .)
-
c.
Process the Title II award through MCS/EC provided no other systems limitations apply.
-
d.
If the alien worker is entitled based on admission to the U.S. as a B-1, D-1, or D-2
nonimmigrant, list the case under code 291-- “Section 211 SSPA Nonimmigrant B-1/D-1/D-2 award.”
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17
|
“Regular” insured status disallowance—Alien worker meets the requirements of Section
211 of the SSPA, but does not have enough QCs to meet the applicable insured status
test(s).
Take the following actions to process a disallowance:
-
a.
Resolve all earnings discrepancies in accordance with existing procedures.
-
b.
If the alien worker does not have an SSN for work purposes, but they are either:
-
•
Currently a legal alien with work authorization; or
-
•
Deceased, but they had work authorization at the time of death,
assign an SSN and issue an SSN card for work purposes in accordance with RM 10220.350,
RM 10211.025, RM 10211.420, RM 10211.530, or RM 10225.080 (deceased worker) as appropriate.
-
c.
Process an insured status disallowance:
-
•
If the alien worker has an SSN, process the Title II insured status disallowance through
MCS/EC provided no other systems limitations apply. See GN 01010.440 for more information about insured status disallowances.
-
-
d.
If necessary, add the appropriate insured status disallowance paragraphs to the notice.
See NL 00720.190 and RS 00301.102E.2. for MADCAP/manual insured status disallowance paragraphs.
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18
|
Disallowance–-Alien worker does not meet the requirements of Section 211 of the SSPA.
Take the following actions to process a disallowance:
-
a.
Resolve all earnings discrepancies in accordance with existing procedures.
-
b.
Prepare a manual disallowance notice for the NH and any auxiliary/survivor claimants.
Include the paragraph in RS 00301.102E.1. in the notice.
-
c.
If the alien worker has an SSN, take the following actions:
-
•
Exclude the case from MCS/EC processing.
-
•
Process a manual disallowance in accordance with GN 01010.440 through MADCAP/MACADE using the disallowance code 090 for DIB claims and 026 for
RSI claims. See SM 00805.400 for processing MADCAP disallowances.
-
•
List the case under code 292--“Sec 211 SSPA Not Met.”
-
d.
If the alien worker does not have an SSN, and one cannot be assigned in accordance
with RM 10211.600, RM 10211.500, or RM 10225.080 (deceased worker) take the following actions to disallow the claim:
-
•
Process the case as an “abandoned claim” in accordance with GN 01010.420D.
-
•
Email a copy of the disallowance notice and any alien status documentation to OISP.OAESP.Controls@ssa.gov.
Address the email cover sheet to:
SSA-Office of Income Security Programs
Office of Application and Electronic Services Support Policy
Aliens and Computations Team
Sec 211 SSPA Coordinator
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