Effective Dates: 10/13/2022 - Present Previous | Next

TN 10 (10-22)

GN 01709.210 Developing Evidence and Establishing Entitlement Factors in Claims for U.S. and Swiss Benefits

A. Evidence requirements

When a person files for U.S. Totalization benefits under the Agreement with Switzerland, that person must submit the same evidence required to file a claim for regular retirement, survivors, or disability insurance (non-Totalization) benefits. That person 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 Switzerland, the Social Security Administration (SSA) will take applications for both regular and Totalization benefits on behalf of Switzerland and provide limited assistance in obtaining evidence required to support the claim.

The following instructions show the types of evidence SSA personnel may use to support claims for Swiss benefits.

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

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

D. Establishing entitlement factors

In addition to insured status, evidence of the following is required in support of an application for Swiss benefits:

1. When a worker files an application for retirement benefits, obtain the following evidence:

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    Worker's date of birth; and

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    Worker's Swiss Insurance Number; and

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    Marital status; and

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    Family composition; and

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    Age and relationship of any children to the worker; and

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    Dates of birth and disability status of all family members.

2. Required evidence when filing an application for disability benefits

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    Worker's date of birth;

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    Worker's Swiss insurance number;

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    Age of spouse and marriage, if spouse's supplement claimed;

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    Age and relationship of any children to the disabled worker; and

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    Degree of disability (i.e., medical evidence).

3. Required evidence when filing an application for survivors benefits

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    Dated proof of death of the worker;

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    Age of the surviving spouse or registered partner;

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    Dated proof of relationship to the deceased worker ;

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    Proof of termination of the relationship between the deceased worker and the surviving spouse or registered partner if the relationship terminated prior to the worker's death;and

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    Age and relationship of any children to the worker, if child's benefits claimed.

E. Developing evidence in support of an application for retirement, survivors, or disability benefits

Take the following actions when developing evidence to support claims for Swiss benefits.

1. Accepting evidence

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    Accept any evidence the applicant submits.

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    If the applicant does not want to release an original document, photocopy the evidence, return the original to the applicant, and certify the copy. See GN 00301.105.

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    Do not hold claims for Swiss benefits for prolonged periods pending receipt of evidence.

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    If an applicant is unable to obtain needed evidence within a reasonable time, transmit the claim to Division of International Operations (DIO) without the evidence.

    Social Security Administration

    Division of International Operations

    P.O. Box 17769

    Baltimore, MD 21235-7769

    NOTE: If courier service is used, mail to:

    Social Security Administration
    Division of International Operations
    6100 Wabash Avenue
    Baltimore, Maryland 21215

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

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    Advise the applicant that the responsible Swiss agency will contact them directly to obtain any evidence it needs.

2. Research the types of evidence

If the applicant requests guidance on the type of evidence to submit, see these references:

3. Document the file

Document the file to show when SSA already verified in a U.S. claim a factor of entitlement for a Swiss benefit.

a. Concurrent title II claim

Send the claim and a photocopy of the relevant evidence to the Program Service Center (PSC) of jurisdiction. Electronically send a certified photocopy of the relevant evidence with the Swiss claim to DIO.

b. Prior title II claim

Indicate on the Swiss benefits claim any factor of entitlement verified previously for the U.S. claim.

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

Obtain a record of the NH's U.S. earnings in all claims for Swiss disability benefits. Switzerland requires evidence of U.S. coverage only to establish entitlement to Swiss disability benefits.

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    When the claimant files for both U.S. and Swiss benefits, complete the Modernized Claims Systems (MCS) screens. The MCS screens will automatically generate a separate U.S. earnings record for the Swiss claim. However, retain the separate U.S. earnings record only if the Swiss claim is for disability benefits.

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    When a claimant files for Swiss disability benefits only, which is a complex MCS exclusion, request an Informational/Certified Earnings Record (ICER) per MS 02101.004.

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    If the claimant alleges U.S. covered work in the lag period (current and preceding year), obtain proof of unposted paid earnings in the lag period.

F. Developing medical evidence for disability claims

In addition to taking the actions in GN 01709.210 D and E, take the following actions when developing medical evidence for Swiss disability claims:

1. Swiss disability benefits only

Accept any medical evidence the applicant submits. Do not attempt to secure evidence for the claimant or offer advice as to what types of evidence Switzerland may need.

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    Send medical evidence submitted along with the claims file to DIO at the address in GN 01709. 210E.1 (above).

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    Complete the Modernized Development Worksheet (MDW) screen to show the date the Field Office (FO) sent the Swiss claim to DIO.

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

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    Advise the claimant that the Swiss agency will contact them , if necessary, to obtain needed evidence.

2. Swiss benefits and concurrent title II claim

Follow the instructions in GN 01702.400 - GN 01702.415 to process claims for Swiss disability benefits and concurrent title II disability benefits.

G. References

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    GN 00301.105, Certification of Evidence for Totalization Claims.

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    GN 01702.200, Evidence Requirements under Totalization Agreements.

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    GN 01702.205, Special Evidence Requirements for U.S. Totalization Benefits.

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    GN 01702.210, Verification of Eligibility Factors by Foreign Agencies.

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    GN 01702.215, Special Evidence Requirements for Claims for Foreign Benefits.

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    GN 01702.220, Evidence of Citizenship for Beneficiaries Living Outside the United States.

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    GN 01702.225, Evidence of Status as Refugee or Stateless Person.

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    GN 01702.230, Evidence of Residence.

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    GN 01702.310, Routing of Claims for U.S. Benefits Involving Totalization.

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    GN 01702.315, Processing Totalization Insured-Status Notices in Claims for U.S. Benefits.

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    GN 01702.320, Routing of Claims for Foreign Benefits.

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

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    GN 01702.405, Associating Evidence from Prior Disability Folders.

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    GN 01702.410, Routing of 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 01733.215, Application for Benefits under the Luxembourg Agreement.

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

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    MS 03509.011, Totalization (TOTL).

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    RS 01404.005, Lag Period and Lag Earnings.

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201709210
GN 01709.210 - Developing Evidence and Establishing Entitlement Factors in Claims for U.S. and Swiss Benefits - 10/13/2022
Batch run: 10/13/2022
Rev:10/13/2022