TN 3 (02-95)

GN 01703.200 How to Determine Filing Dates for U.S. Claims

A. Policy

1. General

Each totalization agreement provides that an applicant may file an application for U.S. benefits with the U.S. or the foreign country. If the application is filed with an agreement country, that country notifies the U.S. of the filing date.

The date the application or protective writing is received by the agency of the foreign country is the date used by SSA to adjudicate a U.S. claim filed under the agreement.

2. Application filed prior to the agreement

Refer to GN 01701.200.B.3 for the policy applicable to applications filed prior to the agreement.

B. Procedure

Determine the date of filing for U.S. claims as follows:

1. Claim filed with FO or FSP

If a claim is filed with the FO or FSP, establish the date of filing based on the information in file regardless of any indication that the person is receiving benefits from an agreement country. Assume that if the claim filed with the other agreement country contained protective filing for U.S. benefits, the other country would have informed us via a claims package.

2. Claim filed with agreement country agency

If a claim is filed with an agreement country agency, assume that the filing date provided by the other country is correct even if you think an earlier protective filing date may exist in that country.

Use the date most advantageous to the claimant if more than one date is shown by the foreign agency.

If the claimant objects to the filing date established and alleges filing earlier with the agreement country, contact the foreign agency and request proof of the earlier filing.

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GN 01703.200 - How to Determine Filing Dates for U.S. Claims - 02/15/1995
Batch run: 10/17/2016