TN 9 (09-90)

RS 02605.040 Requesting Special Exceptions to the Coverage Rules in Totalization Agreements

A. INTRODUCTION

Each agreement permits workers to request an exception to the normal coverage rules of the agreement.

EXAMPLE: A person whose work would be covered by the foreign country under the normal rules of the agreement may request an exception so that his work would be covered by the U.S.

  • SSA and the foreign social security agency must both approve a request for an exception.

  • Requests for exceptions are not routinely approved, since the exception provision is used only to correct anomalous coverage situations.

B. POLICY

SSA does not grant exceptions (i.e.,to permit U.S. coverage) to beneficiaries who are exempt from U.S. coverage, solely to make the AET applicable.

1. No Entitlement Before Date of Agreement

We do not mention the possibility of an exemption unless:

  • the beneficiary objects to being excluded from the U.S. system, or

  • the beneficiary was entitled to benefits before the implementation of the agreement.

2. Entitlement Before Date of Agreement

We always advise the beneficiary of the possibility of a special exception, regardless of whether he objects to being excluded from U.S. coverage, since the agreement rules may have had an adverse effect on retirement decisions the beneficiary made before he knew about the agreement.

C. PROCEDURE

  1. When a beneficiary requests an exception:

    • obtain a signed statement explaining why he believes the exception should be granted.

    • forward the request to DIPPA through OIO (or the appropriate PSC).

    • advise the beneficiary that it may be some time before a decision can be made since the foreign country must be consulted.

    • apply the FWT until a decision is made.

NOTE: If a beneficiary who was entitled before the implementation of the agreement does not wish to request a special exception, document the file to explain that the beneficiary was advised of the possibility of a special exception but declined to request one.

  1. When a special exception is granted:

    • place a copy of the certificate of coverage in the file.

    • apply the AET (retroactively where appropriate) provided the certificate covers the period in question.

  2. When a special exception is not granted:

    • place a copy of the denial letter in the file.

    • continue to apply the FWT.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0302605040
RS 02605.040 - Requesting Special Exceptions to the Coverage Rules in Totalization Agreements - 10/04/2004
Batch run: 01/27/2009
Rev:10/04/2004