TN 8 (02-23)

GN 01741.210 Developing Evidence and Establishing Entitlement Factors in Claims for U.S. and Korean Benefits

A. Evidence requirements

When a person files for U.S. Totalization benefits under the Agreement with Korea, the person must submit the same evidence required to file a claim for 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 Korea, SSA accepts applications for regular and Totalization benefits on behalf of Korea. SSA also provided 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 Korean benefits.

D. Establishing entitlement factors

In addition to insured status, evidence of the following is required to support applications for Korean benefits:

1. Required evidence when filing an application for retirement benefits

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

  • Worker's date of birth; and

  • Worker's Korean insurance number; and

  • Marital status, if spouse's supplement is claimed; and

  • Family composition; and

  • Dates of birth of all family members; and

  • Age and relationship of child, disability status, and school attendance if a child's supplement is claimed; and

  • Age, marriage and divorce, if divorced spouse's benefit is claimed; and

  • Age and relationship of parent, if parent's (or spouse's parent's) supplement is claimed; and

  • Disability status of all family members.

2. Required evidence when filing an application for survivors benefits

When a person files an application for survivors benefits, obtain the following evidence:

  • Worker's Korean insurance number; and

  • Worker's date of birth; and

  • Date and proof of death of the worker; and

  • Date of marriage or partnership registration (if surviving spouse/divorced spouse or surviving registered/dissolved registered partner's benefit claim); and

  • Widower's age and disability status; and

  • Age or disability status of child or grandchild (if child's benefits claimed); and

  • Age or disability status of parents or grandparents (including spouse's parents or grandparents).

3. Developing evidence in support of an application for disability benefits

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

Take the following actions when developing evidence to support applications for Korean benefits:

  • Worker's date of birth; and

  • Worker's Korean insurance number; and

  • Degree of disability (medical evidence required); and

  • Marriage, if spouse's supplement is claimed; and

  • Age, marriage and divorce, if divorced spouse's benefit is claimed; and

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

  • Age and relationship of parent, if parent's (or spouse's parent's) supplement is claimed.

E. Developing medical evidence for Korean benefits

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

1. Accepting evidence

The applicant must submit the evidence noted in GN 01702.200 - GN 01702.230 whenever Totalization benefits are claimed from Korea.

  • SSA accept any medical evidence the applicant wishes to submit; and

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

  • Do not attempt to secure evidence for the applicant or offer advice as to what types of evidence Korea may need; and

  • Send all submitted medical evidence and the claims file to Division of International Operations (DIO) at the following address:

    Social Security Administration
    Division of International Operations
    P.O. Box 17769
    Baltimore, Maryland 21235-7769
    FAX number: 410-966-1861

    Note: If a courier service is used, mail to:

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

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

  • Inform the applicant that the responsible Korean agency will contact the applicant directly to obtain any further documents or evidence to make a determination.

CAUTION: Do not hold claims for Korean 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 DIO without the evidence.

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 as follows:

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

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

  • Electronically send a certified photocopy of the relevant evidence with the Korean 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 Korean benefits as follows:

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

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

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

    • 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 Korean benefit; and

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

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

F. Developing medical evidence for Korean disability claims

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

1. Korean Benefits Only

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

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

Social Security Administration
Division of International Operations
P.O. Box 17769
Baltimore, Maryland 21235-7769
USA
FAX number: 410-966-1861

Note: 

If courier service is used, mail to:

Social Security Administration
Division of International Operations
6100 Wabash Avenue
Baltimore, MD 21215
  • Complete the Modernized Development Worksheet (MDW) screen to show the date the FO sent the Korean claim to DIO. Show "Totalization" as the ISSUE.

  • Transmit the file without medical evidence if the evidence is not readily available. Advise the applicant that the Korean agency will contact them directly to obtain any required evidence.

2. Korean Benefits and Concurrent Title II Claim

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

G. References

GN 00301.105, Certification of Evidence for Totalization Claims

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

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

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

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

•MS 03507.001, Introduction to SSA-2490 - Overview

•MS 03509.011, Totalization (TOTL)

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

RS 01404.005, Lag Period - Lag Earnings

 


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201741210
GN 01741.210 - Developing Evidence and Establishing Entitlement Factors in Claims for U.S. and Korean Benefits - 02/08/2023
Batch run: 12/20/2024
Rev:02/08/2023