PROGRAM OPERATIONS MANUAL SYSTEMPart GN – GeneralChapter 003 – EvidenceSubchapter 07 – Foreign EvidenceTransmittal No. 149, 01/07/2025
Audience
Originating Component
OISP
Effective Date
Upon Receipt
Background
This transmittal moves instructions about how to resolve discrepancies between the name shown on someone's proof of age documentation and the name we have in our agency records. Previously, GN 00302 housed the instructions. However, the instructions no longer apply to domestic evidence, so we are moving them to GN 00307 and tailoring them to processing foreign evidence, where the instructions still apply.
Summary of Changes
GN 00307.101 Name Discrepancies Involving Foreign Evidence
We created this new POMS section to explain how to resolve name discrepancies involving foreign evidence. The subsections include:
Subsection A: We provided an introduction to resolving name discrepancies between proof of identity documents and our records.
Subsection B: We provided definitions to assist technicians in understanding the difference between material and immaterial name discrepancies.
Subsection C: We provided examples of immaterial (minor) name discrepancies.
Subsection D: We provided examples of material (major) name discrepancies.
Subsection E: We provided procedure for resolving immaterial name discrepancies.
Subsection F: We provided procedure for resolving material name discrepancies, including examples of how to properly document determinations involving material name discrepancies.
Name discrepancies occur when the name on a proof of identity document differs from the name in our records. The Modernized Claims System (MCS) alerts technicians in the claims path when there are name discrepancies. Development of the name discrepancy depends on whether the name discrepancy is immaterial (minor) or material (major). Refer to GN 00307.101B in this section for definitions. Resolve discrepancies before adjudicating the claim.
For instructions on identifying claimants who file an application, see GN 00203.020. For resolving name discrepancies in claims involving domestic evidence, see GN 00203.030.
Given name: All, or any part, of a name (including a middle name) except the surname.
Immaterial (minor) discrepancy: The name discrepancy is obvious, easily explainable, and raises no doubt that the record pertains to the claimant.
Material (major) discrepancy: The name on the record is so different from the one the claimant now uses that it raises doubt about whether the document pertains to the claimant.
Surname: The family name or last name that distinguishes members of one family from members of another.
The following chart contains examples of immaterial, or minor, discrepancies. Note that other types of immaterial (minor) discrepancies exist.
Type of Difference
Additional Information and Examples
Different spelling of the same name
Smyth vs Smith
Jonathan vs Johnathan
Mary Ann vs Marianne
Nickname commonly derived from the name
Gio vs Giovanni
Leo vs Leonardo
Alex vs Alexander
English equivalent of a foreign given name
Alice vs Alicia
William vs Wilhem
Paul vs Paulo
The following guide provides useful information about names and naming practices around the world: https://www.fbiic.gov/public/2008/nov/Naming_practice_guide_UK_2006.pdf
NOTE: Construction of foreign names varies from culture to culture. For example, certain countries’ birth certificates display names in this order: surname, middle name, given name. This format contrasts with most birth certificates issued in the United States (U.S.), which display names in this order: given name, middle name, surname. For more information, refer to https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5# .
Simplified versions of surnames
Malinow vs Malinowski
Burgdof vs Von Burgdof
NOTE: Be careful when assessing the difference in a person's surname. If the surname on the record is very different from the one the claimant uses (e.g., Jelieniweski and Jelen; Abramowitz and Abrams) the discrepancy is major (see GN 00307.101D in this section).
Compound Surname
Sanchez Diaz vs Diaz Sanchez vs Sanchez vs Diaz
Calbo Ortes vs Ortes Calbo vs Ortes vs Calbo
NOTE: Compound surnames may occur as a result of marriage of the individual or may reflect the surnames of both the individual's parents.
Amended birth or religious record by the official custodian to add an omitted given name, or to change a given name
The difference is immaterial (minor) if:
The custodian amended the record at least five years before the current filing date; or
The record shows a more recent amendment based on a five-year-old (or older) document; and
In the case of a given name change, the record shows the basis for the change.
NOTE: When the amended record is for a child who is under age five, the supporting documentation shown on the record may be less than five years old.
However, where there is no supporting documentation for the addition of a name for a child under age five, or where the custodian amended the birth record recently based on recent evidence, the discrepancy is material (major). (See GN 00307.101D in this section).
The following list contains examples of material, or major, discrepancies. Note that other types of material (major) discrepancies exist.
Examples
No given name
No first name (NFN)
First name unknown (FNU)
Baby Girl
Baby Doe
Given name is different and the basis for the change is not shown
David Pierre vs John Pierre
Samantha Martinez vs Nancy Martinez
Sara Jo Clay vs Mary Jo Clay
Given name is different and the basis is a document less than five years old
Marquis Abundi vs Marion Abundi
Natasha Hernandez vs Rebecca Hernandez
Surname is different and is other than a simplified foreign surname (see GN 00307.101C in this section)
John Vallejo y Vazquez vs John Cortez
Don Giovanni vs Don Leon
Alex Carsholton vs Alex Carollton
Document your review and the reason you determined the name discrepancy to be immaterial (minor) on Form SSA-553 (Special Determination) , see GN 01010.360.
EXAMPLE: The applicant presented a passport in the name of Paul Fabio. Our records show the individual’s name as Pablo Fabio. When asked about the discrepancy, the applicant explained they used the name Paul, as it was more easily understood. We determined the name discrepancy is minor and matched the DOB on the passport to the DOB in our records to establish the claimant’s identity.
NOTE: If you are not sure whether a difference is material (major) or immaterial (minor), treat the difference as material (major). Refer to GN 00307.101D in this section.
Identify and document the allegation and explanation of the name discrepancy
Compare the identification information on the evidence and our records (i.e., name, date of birth, parent’s names, etc.). Examine the Numident, Master Beneficiary Record (MBR), Modernized Claims System (MCS), etc.
Document discrepancies between the evidence and our records on the RPOC screen in MCS, or on a Form SSA-5002 (Report of Contact) .
Document the allegation and explanations for the claimant’s name discrepancy in the claims path, or on a Form SSA-5002 (Report of Contact) .
Determine whether to request additional documentation to explain the name discrepancy
If
Then
The DOB on evidence presented matches the DOB in our records
Continue to F.3 in this section and document the supporting evidence and determination made.
The DOB on evidence presented does not match our records
Obtain a document recorded at least five years before the current application filing date that clearly belongs to the claimant and matches the DOB in our records in order to verify the name discrepancy.
NOTE: When an amended record is involved for a child who is under age five, the supporting documentation may be less than five years old.
If a claimant needs assistance in obtaining sufficient evidence, make every reasonable effort to assist them, per GN 00301.180.
If able to obtain evidence to resolve the name discrepancy, continue to GN 00307.101F.3 in this section and document the supporting evidence and determination made.
If unable to resolve the discrepancy after making every reasonable effort to assist the claimant in obtaining evidence, deny the claim following procedures in GN 01010.410.
There are multiple name discrepancies (e.g. aliases)
Obtain an SSA-795 Statement of Claimant or other Person) from the claimant to explain various names
If able to resolve the name discrepancy, continue to GN 00307.101F.3 in this section and document the supporting evidence and determination made.
NOTE: Do not resolve a name discrepancy if it appears on a document that would not, even if corroborated, influence your determination.
EXAMPLE:The claimant applied under the name Michaela Robertson. A birth certificate and passport were submitted with the application. The birth certificate shows the name Michaela Brown. The passport shows the name Michaela Robertson and was issued 2 years before the application filing date. Do not use the passport to resolve the name discrepancy. Obtain a document recorded at least five years before the current application filing date that clearly belongs to the claimant and matches the DOB in our records in order to verify the name discrepancy.
Document the determination
Document the claimant’s explanations for the name discrepancy, supporting documentation, and the determination made on a Form SSA-553 (Special Determination).
NOTE: A simple statement of opinion, such as "I believe the birth record presented belongs to the claimant", is not sufficient. Document the rationale for concluding that the record pertains to the claimant.
EXAMPLE: The claimant applied under the name Martín García. The birth certificate (BC) provided shows the name Martín García Florez. The DOB on the BC matches our records. Interview with the claimant identified that they used a traditional compound surname when they entered the U.S., but now use only their father's surname.
The following explanation would be adequate: "Claimant used mother's surname (García) on the application. The claimant's mother's name in our records is Carla Rodriguez García. Since other identifying information matches the information in our records, we assume the record pertains to the claimant."
EXAMPLE: The claimant applied under the name Frank De Caker. The passport provided shows the name Florigio De Caker. The DOB on the passport is October 5, 1945. The DOB in our records is October 15, 1945. Because we cannot use the DOB to verify the claimant's identity, we requested additional documentation. The claimant provided a BC with a DOB of October 15, 1945, which matches our records. Interview with the claimant identified that when their family immigrated to the U.S. they registered their given names as the English equivalent of their Italian given names.
The following explanation would be adequate: “When the claimant’s family immigrated to the U.S. they registered their first names as the English equivalent of their Italian given name. We used the DOB on the BC to establish the claimant's age. Since the identifying information matches the information in our records, we assume the record pertains to the claimant.”