VB 01503.520 Verification of Removal (Deportation)—Beneficiary Outside The United States
A. Procedure — Report of Removal (Deportation) by a Beneficiary or Third-Party
If an SVB beneficiary reports his or her own removal/deportation or a report of such an event is received from another source (other than Department of Homeland Security (DHS), obtain a statement to support the allegation with the following information:
Name, sex, date of birth, place of birth of deportee;
Aliases used by deportee;
Date of deportation or removal;
Country to which deported/removed; and
DHS alien registration number
If possible, obtain a DRAMS record of deportation or removal (access the Miscellaneous Menu via the Master File Query Menu as explained in MSOM QUERIES 005.002.) and any other available evidence to support the allegation. Fax and mail all material to the CPS with SVB jurisdiction.
1. DRAMS Record Supports Beneficiary's Removal (Deportation)
If the report was made by the beneficiary, process as an adverse first-party report per VB 01501.011B.
If the report was made by a third party, attempt to confirm the report by contacting the beneficiary (see instructions in VB 01503.520B through VB 01503.520E).
2. No Record of Removal (Deportation) on DRAMS
If there is no record of the removal or deportation on the DRAMS file, the CPS should fax the statements and evidence submitted to the “Office of International Programs (OIP), Attn: SVB” at (410) 966-7025. OIP will contact DHS for more information and request a record of the removal/deportation, if appropriate.
B. Procedure — CPS Handling of Report of Removal (Deporation) Notice From Central Office
The CPS having SVB jurisdiction will process a DRAMS deportation/removal notice from Central Office by attempting to contact the beneficiary to verify/confirm his or her deportation from the United States. Follow development guidelines in VB 00210.001 when requesting assistance from offices servicing contacts outside the United States.
Provide the following DRAMS data when requesting assistance from FBUs in confirming or disproving that the deportation/removal record pertains to the SVB beneficiary: (NOTE: The FBU can access the DRAMS file, if necessary, via the Miscellaneous Menu explained in MSOM QUERIES 005.002 .)
Name, sex and date of birth of deportee;
Aliases used by deportee;
Date of deportation/removal;
Country to which deported/removed;
DHS alien registration number; and
The date the DHS notice was received by SSA.
Also describe any discrepancies detected between the DRAMS and SSA's Numident records (e.g., name, place of birth, sex, etc.).
C. Procedure — FBU/FO
1. Beneficiary Disputes the Record of Removal (Deportation)
The record of removal or deportation may be disputed based on the beneficiary's belief that:
Departure from the United States was “voluntary” (i.e., a formal deportation or removal order was never issued);
The DHS report was associated with the wrong SSN by SSA; or
The deported individual was not the beneficiary but he or she was carrying the beneficiary's identity papers at the time DHS apprehended him or her (due to loss or theft of his or her wallet, etc.).
In disputed cases, obtain a signed statement from the beneficiary explaining why he or she denies or disagrees with the report of removal. Obtain evidence to support the individual's allegations. Fax and then mail the statement, along with any supporting evidence, to the CPS with SVB jurisdiction.
2. Beneficiary Does Not Dispute the Report of Removal (Deportation) (or Efforts to Obtain Verification Are Unsuccessful)
Document all efforts taken to verify the report of removal from the United States and the results on an SSA-5002 (or equivalent). Proceed as follows:
Fax and then mail the documentation/evidence of removal to the CPS.
Beneficiary fails to cooperate or comply with development requests…
Refer to VB 01503.200,
Failure to Provide Information.
Beneficiary could not be located…
Refer to VB 01503.300,
D. Procedure — CPS
1. Removal (Deportation) Not Verified—N13 Suspension Not Warranted
Take the following actions:
Update the SSR remarks and SVB Intranet Site to show that the DHS report of deportation/removal was incorrect or does not apply to the beneficiary; and
Delete the DRAMS record. (Call (410) 965-3566 or (410) 965-7093 to request deletion of the DRAMS record.)
2. Removal (Deportation) Not Verified—N13 Suspension in Question
If the beneficiary disputes the report of deportation/removal as explained in VB 01503.520C.1., but the CPS is unable to determine whether N13 status is warranted on the basis of the documentation submitted, fax a summary of the problem and the material in question to the “Office of International Programs (OIP), Attn: SVB” at (410) 966-7025. OIP will investigate the problem with INS or elsewhere and contact the CPS with advice as to how to proceed.
3. Removal (Deportation) Verified—N13 Suspension Warranted
Process as an adverse third-party report per VB 01501.012C.
E. Procedure — Response/Non-Response to the Notice Of Planned Action
1. No Appeal Filed
NOTE: N13 in SVB cases will indicate that payments have been suspended for removal/deportation from the United States; whereas N13 in SSI cases will indicate the loss of United States citizenship or legal alien status (as explained in SI 02301.225).
2. Appeal Filed Before Expiration of Goldberg/Kelly Time Limits (or Good Cause Exits for Late Filing)
Continue SVB payments at the protected payment level (unless the recipient waives payment continuation as explained in SI 02301.310);
Process the appeal in accordance with VB 02502.010; and
Update the appeal to the SVB Intranet site (SVB Appeals Page).
3. Appeal Filed After Expiration of Goldberg/Kelly Time Limits