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

TN 7 (10-22)

GN 01721.210 Developing Evidence in Claims for Spanish Benefits

A. Introduction

 

The following subsections show the types of evidence that may be used to support claims for Spanish benefits.

B. General

Under the agreement with Spain, SSA will take applications for both regular and Totalization benefits on behalf of Spain and provide limited assistance in obtaining evidence needed to support the claim.

C. 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 Spain to establish the same factor for Spanish benefits. Consequently, it is unnecessary for the applicant to submit additional evidence to document a factor of entitlement for Spanish benefits when that factor has already been verified for SSA purposes.

D. Entitlement factors

The following indicates what factors of entitlement, in addition to insured status, must be established in claims for Spanish benefits.

1. Retirement Claims

The entitlement factors that must be established for Spanish retirement claims are:

  1. a. 

    Age of worker

  2. b. 

    Marriage, if a spouse's supplement is claimed

  3. c. 

    Age and relationship of child, if a child's supplement is claimed

  4. d. 

    Type of work in the U.S., if benefits are claimed under a special occupational system (see GN 01721.010).

2. Survivors Claims

The entitlement factors that must be established for Spanish survivors claims are:

  1. a. 

    Death of worker

  2. b. 

    Age of surviving spouse and date of marriage, if surviving spouse or divorced surviving spouse benefit is claimed

  3. c. 

    Date of divorce, if divorced surviving spouse's benefit is claimed

  4. d. 

    Age and relationship of child, if a child's benefit is claimed

  5. e. 

    Type of work in the U.S., if benefits are claimed under a special occupational system (see GN 01721.010).

3. Disability Claims

The entitlement factors that must be established for Spanish disability claims are:

  1. a. 

    Age of worker

  2. b. 

    Degree of disability (medical evidence)

  3. c. 

    Marriage, if a spouse's supplement is claimed

  4. d. 

    Age and relationship of child, if a child's supplement is claimed

  5. e. 

    Type of work in the U.S., if benefits are claimed under a special occupational system (see GN 01721.010).

E. Procedure — General

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

Applicants filing for benefits from one of the special occupational systems in Spain will need to establish the type of work the number holder (NH) performed in the United States. If the applicant asks for guidance, suggest that the applicant get a statement from the NH's employer or union, if the employer is out of business, showing the type of occupation and the dates of employment in that occupation.

CAUTION: Do not hold claims for Spanish 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 Division of International Operations (DIO) without the evidence. Advise the applicant that the responsible Spanish agency will contact the applicant to obtain any evidence the agency needs.

2. Types of Evidence

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

  1. a. 

    Proof of age in GN 00302.000

  2. b. 

    Proof of death in GN 00304.000

  3. c. 

    Proof of marriage and divorce in GN 00305.000

  4. d. 

    Proof of parent/child relationship in GN 00306.000

  5. e. 

    Proof of type of covered work in the U.S., see GN 01721.210E.1.

3. Document the File

Document the file to show when a factor of entitlement for a Spanish benefit has already been verified for a U.S. claim.

a. Concurrent Title II/Spanish Claim

Send a certified photocopy of the relevant evidence with the Spanish claim to DIO if the concurrent Title II claim will be sent to a program service center (PSC) other than DIO.

b. Prior Title II Claim

Include a master beneficiary record (MBR) printout in the claims file sent to DIO 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 Spanish benefits. (Lag earnings are always needed since it may help the applicant meet Spain's length-of-coverage or recency-of-work requirements.)

  • •

    Obtain a record of the NH's U.S. coverage in all claims for Spanish benefits. When the applicant is filing for both U.S. and Spanish benefits, completion of the modernized claims system (MCS) screens will automatically generate a separate earnings record for the Spanish claim. When a claimant files for Spanish benefits only, which is a complex MCS exclusion, request an Informational/Certified Earnings Record (ICERS) per MS 02101.004.

F. Procedure — Disability claims

In addition to taking the actions in GN 01721.210E., take the following actions when developing medical evidence for Spanish disability claims.

1. Spanish Benefits Only

  • •

    Accept any medical evidence the applicant wishes to submit when the claim is for Spanish benefits only. Do not attempt to secure evidence for the applicant or offer advice as to what types of evidence are needed by Spain.

  • •

    Send any medical evidence that is submitted along with the claims file to DIO at the following address:

Social Security Administration
Division of International Operations
P.O. Box 17769
Baltimore, Maryland 21235-7769

If courier service is used, mail to:

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

 

  • •

    Transmit the file without medical evidence if it is not readily available and advise the applicant that the Spanish agency will contact them directly, if necessary, to obtain needed evidence.

2. Spanish Benefits and Concurrent Title II Claim

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

G. References

  • •

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

  • •

    GN 00301.105, Certifying Evidence for Totalization Claims

  • •

    MS 03509.011, Totalization (TOTL)

  • •

    RS 01404.005, Lag Period - and Lag Earnings

  • •

    MS 03507.001, Introduction to SSA-2490 - Overview

  • •

    GN 01721.010, The Spanish Social Security System

  • •

    GN 01721.125, Eligibility for Spanish Benefits under the Agreement

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201721210
GN 01721.210 - Developing Evidence in Claims for Spanish Benefits - 10/13/2022
Batch run: 10/13/2022
Rev:10/13/2022