TN 9 (09-90)

RS 02605.030 Applicability of the Work Tests in a Country With a Totalization Agreement

A. POLICY

Under title II,

  • the AET applies if the beneficiary's work outside the U.S. is covered under the U.S. Social Security system;

  • the FWT applies if the beneficiary's work is not covered.

A totalization agreement (see GN 01701.000) modifies the usual title II rules for determining if work outside the U.S. is covered under the U.S. Social Security system.

  • A beneficiary's work in an agreement country that would normally be covered by the U.S. system may be exempt from U.S coverage and be subject only to the laws of the foreign country.

  • When a beneficiary's work is exempt from U.S. coverage under an agreement, the FWT applies.

B. PROCEDURE

The issue of whether the FWT or the AET applies may arise during the initial claims interview or as the result of a post-adjudicative report of work. Submit to the:

Division of International Program Policy and Agreements (DIPPA)
1104 WHR
6401 Security Boulevard
Baltimore, Maryland 21235-6401

any case on which a decision cannot be made using the following sections.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0302605030
RS 02605.030 - Applicability of the Work Tests in a Country With a Totalization Agreement - 11/02/2004
Batch run: 01/27/2009
Rev:11/02/2004