Identification Number:
DI 23545 TN 2
Intended Audience:See Transmittal Sheet
Originating Office:ORDP ODP
Title:Foreign Cases
Type:POMS Transmittals
Program:Disability
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part DI – Disability Insurance
Chapter 235 – Specific Case Instructions
Subchapter 45 – Foreign Cases
Transmittal No. 2, 01/04/2022

Audience

PSC: CS, DE, DEC, DTE, IES, RECONR, SCPS, TSA, TST;
OCO-OEIO: CR, CTE, ERE, FCR, FDE, FDEC, RECONE;
OCO-ODO: CST, DE, DEC, DS, RECONE;
ODD-DDS: ADJ, DHU;
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, DRT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

ODP

Effective Date

Upon Receipt

Background

This is a Quick Action Transmittal. These revisions do not change or introduce new policy or procedure.

Summary of Changes

DI 23545.001 Foreign Cases — Determining Jurisdiction and Processing Transfers

Update section A1 to clarify who "individuals living out side the US" are.

DI 23545.001 Foreign Cases — Determining Jurisdiction and Processing Transfers

A. Social Security Administration (SSA) and Disability Determination Services (DDS) Jurisdiction

1. SSA jurisdiction

The field office (FO) is responsible for identifying foreign cases when a disability claim is filed. SSA’s Office of International Operations (OIO) has jurisdiction for Title II disability claims filed by, or on behalf of, U.S or Naturalized citizens living outside of the 50 States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and American Samoa.

See Also: DI 20101.030C — Social Security Administration (SSA) Jurisdictions According to Geographic Location.

2. DDS jurisdiction

The DDS determines jurisdiction based upon the claimant’s residence at the time an initial transmittal is received from the FO. Jurisdiction may change if the DDS is notified that the claimant has moved his or her personal residence outside of the United States, or one of its territories, after a disability application is filed, but before a final determination is made.

See Also: DI 20101.030 Social Security Administration (SSA) Jurisdictions According to Geographic Location.

B. Factors in determining jurisdiction — DDS

1. Claimant moves to or from the United States

When a claimant moves to a foreign country from the United States, or from a foreign country to the United States, the DDS evaluates the following to determine the appropriate jurisdiction:

  • The claimant’s length of stay in the foreign country; and

  • The type of claim(s) filed, e.g., Title II, Title XVI, or Title II and Title XVI Concurrent claims.

See Also: DI 20101.035 — Disability Determination Services (DDS) and Social Security (SSA) Jurisdictions — Claimant Moves, for further information on determining jurisdiction.

2. Jurisdiction in death cases

When a disability insurance benefit (DIB) application is filed on behalf of a claimant, after the claimant’s death, and the claimant resided in a foreign country at the time of death, DDS jurisdiction is determined by the claimant’s residence at the time the initial transmittal is made from the field office (FO).

C. Processing foreign claim transfers

For information on the policies and instructions which govern how foreign claims transfers are processed see: DI 20101.035 — Disability Determination Services (DDS) and Social Security (SSA) Jurisdictions — Claimant Moves.

Note: for information regarding arranging consultative examinations for foreign disability claimants see:

  • DI 43510.045 — DDS Requests for a CE from a Foreign Source

  • DI 43510.055 — DDS Assistance for Certain Canadian Claims

  • DI 43510.060 — Consultative Examinations for Residents of Northern Mexico.

  • DI 29505.005 — Consultative Examination Requests for Residents of Northern Mexico.


DI 23545 TN 2 - Foreign Cases - 1/04/2022