Effective Dates: 10/03/2022 - Present Previous | Next

TN 10 (10-22)

GN 01705.210 Developing Evidence and Establishing Entitlement Factors in Claims for U.S and Italian Benefits

A. Evidence requirements

When a person files for U.S. Totalization benefits under the agreement with Italy, the person must submit the same evidence required to file a claim for regular retirement, survivors, or disability insurance (non-Totalization) benefits. The applicant must also submit the evidence noted in GN 01702.200 through GN 01702.230 when claiming Totalization benefits from the United States.

B. SSA accepts applications for benefits

Under the agreement with Italy, SSA accepts applications for regular and Totalization benefits on behalf of Italy. SSA also provides limited assistance in obtaining the required evidence to support the applicant's claim.

C. Using evidence previously submitted in claims for U.S. benefits

Applicants do not need to resubmit the evidence previously submitted and verified to establish factors of entitlement for U.S. Social Security benefits. The evidence previously submitted for entitlement to U.S. Social Security benefits is sufficient to establish the same factors of entitlement to Italian benefits.

D. Entitlement factors

Establish the following entitlement factors, in addition to insured status for Italian benefits:

1. All claims

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    Worker's date of birth; and

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    Worker's Italian insurance number.

2. Retirement

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    Age of worker; and

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    Family composition; and

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    Marriage status; and

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    Dates of birth of all family members; and

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    Disability status of all family members; and

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    School attendance or disability of the child, if child's supplement is claimed and the child is over age 18.

3. Survivor claims

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    Date worker died, and proof of death; and

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    Date of marriage to worker or partnership registration, (if widow(er)'s, surviving spouse, divorced spouse, surviving registered, or divorced registered partner's benefit claimed); and

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    Age and relationship of claimed child, and evidence that the child is attending school or is disabled and over age 18; and

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    Age and relationship of claimed parents; and

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    Disability and relationship of any claimed family members.

4. Disability claims

Entitlement factors for Italy are based on the degree of the worker's disability. Medical evidence must support the disability.

E. Developing evidence for Italian benefits

Refer to the following policy if the applicant requests guidance on the types of evidence to submit:

1. Research the types of evidence

2. Accepting evidence

SSA accepts any evidence the applicant wishes to submit. If the applicant does not want to release an original document, see below.

Follow this process to accept evidence:

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    Accept any evidence the applicant submits; and

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    Photocopy the evidence, certify the copies and return the original to the applicant. See GN 00301.105; and

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    Do not hold claims for Italian benefits for prolonged periods pending receipt of evidence; and

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    If an applicant is unable to obtain the necessary evidence within a reasonable period, transmit the claim without the evidence to the Division of International Operations (DIO) at this address:

Social Security Administration

OEIO - DIO

P.O. Box 17769

Baltimore, MD 21235-7769

USA
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    Complete the Modernized Development Worksheet (MDW) screen to show the date the FO sent the Italian claim to DIO. Show, "Totalization" as the ISSUE; and

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    Inform the applicant that the responsible Italian agency will contact the applicant directly to obtain any additional documents or evidence to make a determination.

3. Document the file

Document the file as follows:

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    Indicate on the Italian benefit claim file any factor of entitlement verified previously for the U.S. claim; and

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    For concurrent Title II claims, send the Title II claim and relevant evidence to the Program Service Center (PSC) of jurisdiction; and

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    Electronically send a certified photocopy of the relevant evidence with the Italian claim to DIO.

4. Obtain the Number Holder's (NH) U.S. earnings record

Obtain the NH's U.S. earnings record in all claims for Italian benefits as follows:

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    When the applicant is filing for both U.S. and Italian benefits, complete the Modernized Claims System (MCS) screens; and

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    The MCS screens will automatically generate a separate earnings record for the Italian claim; and

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    When the applicant files for Italian benefits only, which is an MCS exclusion, request an Informational/Certified Earnings Record (ICERS) per MS ICERS 02101.004; and

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    Obtain proof of lag earnings (unposted paid earnings in the current or preceding year) if the applicant alleges U.S. covered work in the lag period and is filing for any Italian benefit; and

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    For proof of lag wages, see RS 01404.005 and RS 01404.018; and

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    For proof of lag self-employment income, see RS 01804.100.

F. Developing medical evidence for disability claims

In addition to the actions in GN 01705.210E, take the following actions when developing medical evidence for Italian disability claims:

1. Italian benefits only

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    Accept any medical evidence the applicant submits for Italian benefits. Do not attempt to secure evidence for the applicant or offer advice as to what types of evidence Italy may need; and

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    Send all submitted medical evidence and the claims file to OEIO at the following address:

Social Security Administration

OEIO - DIO

P.O. Box 17769

Baltimore, Maryland 21235-7769

USA

NOTE: See GN 01702.310.

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    Transmit the file without medical evidence if it is not readily available; and

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    Advise the applicant that the Italian agency will contact the applicant directly, to obtain any required evidence.

2. Italian benefits and concurrent Title II claim

To process claims for Italian disability benefits and concurrent Title II disability claims, follow the instructions in GN 01702.400 - GN 01702.415.

G. Additional Evidence Requirements for Italian Benefits

In addition to the required evidence discussed in GN 01705.210, Italy may require additional evidence as described in GN 01705.212 through GN 01705.214.

H. References

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    GN 00301.105 Certifying evidence for Totalization claims.

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    GN 00302.000 Proof of Age.

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    GN 00304.000 Proof of Death.

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    GN 00305.000 Proof of Marital Relationship.

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    GN 00306.000 Child Relationship and Dependency.

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    GN 01702.110 Application for Benefits under a U.S. International Social Security (Totalization) Agreement (Form SSA-2490-BK).

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    GN 01702.310 - GN 01702.525 Actions necessary when applicant indicates work in Italy on U.S. application.

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    GN 01702.400 Developing Medical Evidence in Claims for U.S. Totalization Disability Benefits.

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    GN 01702.415 Development of Medical Evidence and Routing of Claims for Foreign Disability Benefits.

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    GN 01705.215 Application for Benefits under the Italian Agreement.

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    MS 02101.004 Informational/Certified Earnings Records - Totalization (ICIC).

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    MS 03507.001 Introduction to SSA-2490 - Overview.

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    MS 03509.011 Totalization (TOTL) screen.

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    RS 01301.000 Living With, Contributions and One-Half Support.

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    RS 01404.005 Lag earnings.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201705210
GN 01705.210 - Developing Evidence and Establishing Entitlement Factors in Claims for U.S and Italian Benefits - 10/03/2022
Batch run: 12/20/2024
Rev:10/03/2022