TN 31 (08-05)
GN 00307.150 Foreign Birth Record Requested by a Claimant Residing Outside the Country of Birth
An interim date of birth can be established when a foreign birth record is requested by a claimant residing outside the country of his/her birth by following the instructions below.
B. When to use this procedure
Use this procedure if the claimant:
resides outside the U.S. in a country other than that of his/her birth, and
has requested a birth record from the foreign country of his/her birth.
C. Procedure - developing office
1. Contact with claimant
If the claimant resides in Canada, ask the foreign official to return the document (or negative response) to him/her in care of the FO. Do not redo the request if it has been sent without specifying return to SSA.
In all cases, prepare a Report of Contact (RC) or other report showing the following information:
date the request was mailed;
name and address of foreign official, or U.S. diplomatic office, to which it was sent;
claimant's full name at birth (not a variation adopted later);
claimant's father's full name;
claimant's mother's full maiden name;
claimant's DB (spell out the month);
complete information about the claimant's place of birth (as explained in GN 00312.001B.1.); and
any additional information required under GN 00312.001 through GN 00312.450 when requesting a birth certificate from that country.
2. Development for other evidence
Develop other evidence of age on which to make an interim DB determination. Develop for best evidence (as explained in
GN 00302.170) if there is a material DB discrepancy. Develop for evidence as explained in GN 00302.125 if there is no material discrepancy.
Get at least three pieces of evidence established at different times during the claimant's life, for different purposes and spanning many years. This includes, but is not limited to, the foreign equivalents of the type of evidence listed in GN 00302.115 and GN 00302.118.
NOTE: The evidence rules in GN 00302.110 through GN 00302.125 were established based on studies of domestic claims and evidence. Thus, the automatically convincing evidence rules in GN 00302.110 through GN 00302.118 cannot be used in foreign claimsUNLESS domestic or Canadian evidence listed in those sections is submitted.
b. Requesting other evidence of age
Consider what evidence:
First try to get evidence the claimant has in his/her possession. Ask the claimant if evidence is available from his/her teens, twenties and thirties. Have him/her submit it if it is available or can be secured within a reasonable time. (At least one piece of evidence should be from one of these periods.) Document the file if there is none or it cannot be readily secured (e.g., it was destroyed during WW II).
NOTE: The most recent piece of evidence should have been established at least 5 years before the date the claimant filed for benefits.
In evaluating the evidence, consider the:
type of evidence submitted;
purpose for which it was established;
SSA's experience with evidence from that country/area. For instance, since birth certificates from local civil registrars in Mexico are suspect, such certificates (even if established many years ago) cannot be the primary basis for establishing a parent's age. They can, however, be used with other evidence of a high probative value.
3. Information to be given claimant
Tell the claimant, as explained in GN 00302.350B.4., that an interim DB determination will be made based on other evidence of age pending receipt of the birth certificate or a negative response.
Tell the claimant to send the birth certificate, or negative response, to the developing office (FSP, FO, or OIO) when it is received.
4. Processing claim
Take action as explained in GN 00302.350B.6., if the claim is adjudicated in the FO.
If the development establishes a DB which would result in a disallowance, do not make a DB determination until a response is received from the custodian of the foreign record or it is evident none will be received (i.e., FSP so advises).
5. Action upon receipt of birth certificate
When the birth certificate or negative response is received, translate it if possible. Forward the document and translation to OIO.
Show the claimant's name and claim number clearly on the material.
D. Procedure — OIO
Review the claim and take any necessary award action.
Diary the case for 120 days from the date the record was requested.
If more than 120 days have passed since the claimant mailed the request, take action as explained in GN 00307.150D.3.
2. Birth certificate, or negative reply received
Associate the response with the claim and take action as explained in GN 00302.350C.1. based on this information.
If the folder is no longer in OIO, forward the material to the appropriate PC.
3. No reply
a. Initial diary expires
If the birth certificate or a negative response has not been received, contact the claimant to see if he/she has received the record, and if so, ask him/ her to send it to SSA. If the claimant did not receive the record, complete a Form SSA-2111-U3-FC (Special Assistance Request).
Send the original and first copy to the FSP servicing the area in which the record is located. Put the second copy in the claims file and diary the request for 30 days.
b. 30-day diary expires
If neither the birth certificate nor a negative response has been received, make a copy of the initial SSA-2111-U3-FC.
In the heading, after “SPECIAL ASSISTANCE REQUEST” show “Followup on request dated (date)” and followup in accordance with existing procedures.
Diary for an additional 30 days for subsequent followups as explained in GN 00904.245.