TN 8 (08-10)
RM 10210.280 U.S. Born Person under Age One Needs SSN for Emergency Benefits or Services
A. Determine if emergency benefits procedures apply
Use this procedure only if the U.S.-born individual under age one:
Does not have a public BC (primary evidence of age); and
Has not been assigned an SSN; and
Needs an SSN to obtain emergency benefits or services (e.g., financial assistance, health care, or food).
Needing an SSN for a child in order to claim him/her as a dependent on a Federal or State income tax return is not considered an “emergency benefit or service.” There are two options for an individual who needs an SSN for the purpose of filing an income tax return. He/she can either:
File a tax return without claiming the child as a dependent and later file an amended income tax return, or
File to extend the deadline for filing the tax return.
For more information and forms, see the IRS site .
B. Determine if the applicant applied for an SSN through EAB
Follow instructions in RM 10205.510A, Interview to determine if a parent (or other proper applicant) filed an SSN application via EAB to determine if an application was previously filed for the child and search for the SSN. Also search the SSNAP pending file using all names provided to determine if an application is pending in SSNAP. If an SSN has been assigned, follow the instructions in RM 10210.275A.1. If the applicant filed through EAB, but no SSN has been assigned, ask for the name used for the child and its spelling. If the name was different or spelled differently, enter that name in the “Name used at birth, if different” field on the Additional Numberholder Information screen in SSNAP.
C. Request evidence of age
1. Ask for a hospital birth record of the child’s birth, if available.
2. If no hospital record is available, ask for the health care provider’s own medical record for the birth or other record for the child recorded shortly after the birth, such as a physical exam/check-up. A health care provider includes, but is not limited to, a physician, nurse, or midwife.
NOTE: If an FO establishes a local procedure in which a hospital or other custodian of the birth record provides the medical record of birth or other evidence of age listed in RM 10210.265 directly to the FO, no verification is needed. Process the SSN application per RM 10205.315 if all other required evidence is submitted and verified as appropriate.
3. Explain to the applicant that:
Under the law, SSA must verify birth records with the custodian of the record or issuing entity before processing the SSN application.
Unless you are able to verify the evidence immediately (e.g., as in on-site contact with a hospital administrator), there may be a delay in the receipt of the SSN card because of this verification requirement.
4. Give the applicant a printout of the appropriate public information materials explaining the IRTPA requirements.
5. Print a Form SSA-L706 and an SSA-L706 cover letter in SSNAP. Have the applicant sign the disclosure authorization in Part 1 of Form SSA-L706, "Letter to Custodian of Birth Records." This release is required under the HIPAA rules and permits the hospital/health care provider to release records about the applicant’s birth to SSA. Complete applicable entries on the form per GN 00302.070.
6. Contact the hospital or health care provider to advise that the request for verification of the applicant’s birth record is forthcoming and to arrange for the most convenient method for SSA to submit the verification request and to receive the hospital or health care provider’s response. A local process is acceptable.
D. Request verification of evidence submitted
If you are unable to verify the hospital birth record or the health care provider’s record immediately (e.g., as in on-site contact with a hospital administrator), code the evidence in SSNAP as suspect per RM 10205.300 until verification is received from the issuing entity or custodian of the record.
Provide the applicant with the Acknowledgement letter per RM 10205.215. The Acknowledgement letter can be printed from SSNAP.
Provide a copy of the document submitted as a birth record for the U.S.-born individual under age one, the disclosure authorization in Part 1 of the Form SSA-L706 signed by the proper applicant, and the exhibit cover letter to the custodian or issuing entity (i.e., the hospital or health care provider).
E. Hospital or health care provider does not respond within two weeks
If you do not receive a response to the verification request in two weeks after transmission of the initial request, follow up with a telephone call to the hospital/health care provider.
Go to RM 10210.280F of this section to process the application if the hospital or health care provider verifies the record.
Go to RM 10210.280G of this section to deny the application if the hospital or health care provider replies that the record is fraudulent.
Follow RM 10210.280H of this section to cancel or delete the application if no response has been received after 30 calendar days from the date of the initial verification request.
F. Hospital or health care provider verifies the record
If the document is verified and all other required evidence is submitted and verified as appropriate, process the SSN application per RM 10205.315.
G. Hospital or health care provider determines that the document is fraudulent
If the custodian of the record or issuing entity determines that the evidence is fraudulent, do not process the SSN application. Follow instructions in RM 10205.320.
H. Hospital or health care provider does not respond within 30 days
If the custodian of the record does not respond within 30 days of the initial request, take the following actions to deny the application:
Do not process the SS-5.
Provide the applicant with a Form SSA-L676, which explains why an SSN cannot be assigned. For instructions about providing written notice and second review when an SSN card cannot be issued, see RM 10215.110. Form SSA-L676 can be generated from within SSNAP and is also available on the Document Processing System DPS Production.
Delete the record from SSNAP per instructions in the SSNAP User Guide.
Shred the SS-5 and other documents. If you are holding original documents from the applicant and have the applicant's address, return the documents to the applicant instead of shredding them (for instructions, see GN 00301.275).