TN 2 (05-11)

GN 01733.210 Developing Evidence in Claims for Luxembourg Benefits

   

This section shows the types of evidence used to support claims for Luxembourg benefits.

A. Filing applications

Under the agreement with Luxembourg, SSA takes applications for both regular and totalization benefits on behalf of Luxembourg and provides limited assistance in obtaining evidence needed to support the claim.

B. Using evidence submitted in the claim for U.S. benefits

Applicants do not need to submit additional evidence since evidence used to establish a factor of entitlement for U.S. Social Security benefits is sufficient for Luxembourg to establish the same factor for Luxembourg benefits.

C. Establishing entitlement factors

In addition to insured status, evidence of the following are required, for claims for Luxembourg benefits.

1. Retirement claims

Age of the worker.

2. Survivor’s claims

  • Date of worker’s death; and

  • Marriage or legal declaration of partnership, if a widow(er)’s benefit is claimed; or

  • Marriage and divorce or legal separation of partnership, if a divorced widow(er)’s benefit is claimed; or

  • Age and relationship of child, if a child benefit is claimed.

3. Disability claims

  • Age of worker; and

  • Degree of disability (medical evidence).

D. Developing evidence

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

1. Research the type of evidence

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

2. Accept the evidence

  • Accept any evidence the applicant wishes to submit.

  • If the applicant does not want to release an original document, photocopy the original evidence and certify the copy.

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

  • If an applicant is unable to obtain needed evidence within a reasonable amount of time, transmit the claim without the evidence to the Office of International Operations (OIO) using the address below.

    Social Security Administration
    OIO-Totalization
    P.O. Box 17769
    Baltimore, MD 21235-7769
  • Tell the applicant that the responsible Luxembourg agency will contact him or her directly to obtain evidence they need to make a determination.

3. Document the File

Document the Luxembourg benefit claim file to show any factor of entitlement previously verified for a U.S. claim.

Send a certified photocopy of the relevant evidence with the Luxembourg claim to OIO if sending the concurrent Title II claim to a program service center (PSC) other than OIO.

4. Obtain a record of the Number Holder’s (NH’s) U.S. coverage

Obtain a record of the NH's U.S. coverage in all claims for Luxembourg benefits.

  • When the applicant is filing for both U.S. and Luxembourg benefits, complete the modernized claims system (MCS) screens, which automatically generates a separate earnings record for the Luxembourg claim.

  • When a claimant files for Luxembourg benefits only, which is a complex MCS exclusion, request an Informational/Certified Earnings Record (ICERS) per MSOM ICERS 001.004.

Obtain proof of lag earnings (unposted paid earnings in the current and preceding year) through the quarter of filing or death in all claims for Luxembourg benefits. (You will always need lag earnings since Luxembourg counts a worker’s U.S. quarters of coverage in computing the amount of the Luxembourg benefit.)

E. Developing medical evidence

Along with taking the actions in GN 01733.210D in this section, take the following actions when developing medical evidence for Luxembourg disability claims.

1. Luxembourg benefits only

  • Accept any medical evidence the applicant wishes to submit when the claim is for Luxembourg benefits only. Do not attempt to secure evidence for the applicant or offer advice as to what types of evidence Luxembourg needs.

  • Send any medical evidence submitted along with the claims file to OIO at the following address:

    Social Security Administration
    OIO–Totalization
    P.O. Box 17769
    Baltimore, Maryland 21235-7769
  • Transmit the file without medical evidence if it is not readily available and tell the applicant that the Luxembourg agency will contact them directly for evidence needed to make a determination.

2. Luxembourg benefits and concurrent Title II claim

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

F. References

  • MSOM ICERS 001.004, Informational/Certified Earnings Records-Totalization (ICIC)

  • MSOM MCS 009.011, Totalization (TOTL)

  • GN 00301.105, Certification of Evidence for Totalization Claims

  • GN 01733.215, Application for Benefits under the Luxembourg Agreement

  • GN 01702.400, Developing Medical Evidence and Claims Processing in Totalization Disability Claims

  • GN 01702.405, Associating Evidence from Prior Disability Folders

  • GN 01702.410, Routing of Claims for U.S. Totalization Disability Benefits

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

  • RS 01404.005, Lag Period and Lag Earnings


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201733210
GN 01733.210 - Developing Evidence in Claims for Luxembourg Benefits - 05/11/2011
Batch run: 05/11/2011
Rev:05/11/2011