TN 3 (01-03)
GN 01713.210 Developing Evidence in Claims for Belgian Benefits
The following subsections show the types of evidence that may be used to support claims for Belgian benefits.
B. Policy — General
Under the agreement with Belgium, SSA will take applications for both regular and Totalization benefits on behalf of Belgium and provide limited assistance in obtaining evidence needed to support the claim.
C. Policy — Using evidence submitted in claim for U.S. benefits
Evidence that is used to establish a factor of entitlement for U.S. Social Security benefits may also be used by Belgium to establish the same factor for Belgian benefits. Consequently, it is unnecessary for the applicant to submit additional evidence to document a factor of entitlement for Belgian benefits when that factor has already been verified for SSA purposes.
D. Policy — Entitlement factors
The following indicates what factors of entitlement, in addition to insured status, must be established in claims for Belgian benefits.
1. Retirement Claims
The entitlement factors that must be established for Belgian retirement claims are:
Age of worker
Marriage, if the worker has a dependent spouse
Marriage, divorce and age of divorced wife, if a divorced wife's benefit is claimed.
2. Survivors Claims
The entitlement factors that must be established for Belgian survivors claims are:
Date of death of worker
Age and marriage, if a widow(er) benefit is claimed
Marriage, divorce and age of divorced widow, if a divorced widow's benefit is claimed.
3. Disability Claims
The entitlement factors that must be established for Belgian disability claims are:
Degree of disability (medical evidence)
Date of marriage, if the worker has a dependent spouse.
E. Procedure — General
Take the following actions when developing evidence to support claims for Belgian benefits.
1. Accepting Evidence
Accept any evidence the applicant wishes to submit. If the applicant does not want to release an original document, photocopy the evidence and certify the copy.
Caution: Do not hold claims for Belgian benefits for prolonged periods pending receipt of evidence. If an applicant is unable to obtain needed evidence within a reasonable time, transmit the claim to the Office of International Operations (OIO) without the evidence. Advise the applicant that the responsible Belgian agency will contact him or her directly to obtain any evidence it needs.
2. Types of Evidence
If the applicant requests guidance on the type of evidence to submit, see:
Proof of age in GN 00302.000
Proof of death in GN 00304.000
Proof of marriage and divorce in GN 00305.000.
Applicants filing for Totalization retirement benefits as miners or seamen will need to establish the type of work they performed in the United States and the length of time they performed that type of work (see GN 01713.125A.1.). If the applicant asks for guidance, suggest that he or she obtain a statement from the employer showing the type of work performed and the dates of employment in that type of work.
3. Document the File
Document the file to show when a factor of entitlement for a Belgian benefit has already been verified for a U.S. claim.
a. Concurrent Title II/Belgian Claim
Send a certified photocopy of the relevant evidence with the Belgian claim to OIO if the concurrent Title II claim will be sent to a program service center (PSC) other than OIO.
b. Prior Title II Claim
Include a master beneficiary record (MBR) printout in the claims file sent to OIO to show which factors, other than disability, have been verified in a prior file.
4. Obtain Record of the Number Holder's (NH's) U.S. Coverage
Obtain proof of lag earnings through the quarter of filing or death in all claims for Belgian benefits. (Lag earnings are always needed since Belgium counts a worker's U.S. quarters of coverage in computing the amount of the Belgian benefit.)
Obtain a record of the NH's U.S. coverage in all claims for Belgian benefits. When the applicant is filing for both U.S. and Belgian benefits, completion of the modernized claims system (MCS) screens will automatically generate a separate earnings record for the Belgian claim. When a claimant files for Belgian benefits only, which is a complex MCS exclusion, request an Informational/Certified Earnings Record (ICERS) per MSOM 231-C.
F. Procedure — Disability claims
In addition to taking the actions in GN 01713.210E., take the following actions when developing medical evidence for Belgian disability claims.
1. Belgian Benefits Only
Accept any medical evidence the applicant wishes to submit when the claim is for Belgian benefits only. Do not attempt to secure evidence for the applicant or offer advice as to what types of evidence are needed by Belgium.
Send any medical evidence that is submitted along with the claims file to OIO at the address in GN 01702.310.
Transmit the file without medical evidence if it is not readily available and advise the applicant that the Belgian agency will contact him or her directly, if necessary, to obtain needed evidence.
2. Belgian Benefits and Concurrent Title II Claim
Follow the instructions in GN 01702.400 - GN 01702.415 to process claims for Belgian disability benefits and concurrent title II disability claims.
Requesting an Informational/Certified Earnings Record, MSOM 231-C
Certifying evidence for Totalization claims, GN 00301.105
Totalization requirements, MSOM MCS 009.011
Lag earnings, RS 01404.005
Completing the SSA-2490 on MCS, MSOM MCS 007.001