TN 3 (02-95)

GN 01703.250 How to Process Claims From Persons Clearly Ineligible

A. Introduction

Sometimes claimants who are clearly ineligible for U.S. benefits complete Form SSA-2490-F4 and neglect to restrict their claim to benefits from the foreign country. They have not completed an RSDI application.

In addition, claimants who are clearly ineligible for U.S. benefits may file a totalization application with a foreign agency.

B. Procedure

1. Ineligible applicant

When a CA receives applications from persons, for example, who are too young, have no child in care, or who have less than six QCs, consider it unnecessary to:

  • Do any further development

  • Obtain an RSDI application

  • Establish an MBR

2. CA action

Claims Authorizer:

  1. Disallow the claim by completing all items on a "Folder Documentation Only" Form SSA-3428-U2. If auxiliaries are involved, include them on the SSA-3428-U2. (See GN 01703.320 for instructions on completing the SSA-3428-U2.)

  2. Send a disallowance notice appropriate to the situation, e.g., “Based on the date of birth, you alleged, (MM/DD/YY)....” Include the reconsideration and close out paragraphs in the notice.

    Do not send a separate notice to the auxiliary(ies), but include the appropriate denial paragraph(s) on the NH's notice. See NL 00711.310F for these paragraphs.

  3. Prepare a signed and dated statement for the right side of the RSDI folder explaining the denial; e.g., “NH has less than six QCs - RSDI benefits disallowed based on totalization application. No RSDI application obtained” or “NH alleges age 55 and no disability alleged. No proof of age established. No RSDI application obtained.”


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201703250
GN 01703.250 - How to Process Claims From Persons Clearly Ineligible - 02/24/2014
Batch run: 02/24/2014
Rev:02/24/2014