Effective Dates: 4/12/2023 - Present

Identification Number:
GN 01727 TN 6
Intended Audience:See Transmittal Sheet
Originating Office:ORDP ODEPPIN
Title:Agreement with Portugal
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part GN – General

Chapter 017 – Totalization Benefits

Subchapter 27 – Agreement with Portugal

Transmittal No. 6, 04/12/2023

Audience

OCO-OEIO: BET, BIES, BTE, CIES, CTE, DSE, FCR, FDE, PETL, RECONE, RECONR, RECOVR;
FO/TSC: CS, CS TII, CSR, CTE, DRT, DT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

ODEPPIN

Effective Date

Upon Receipt

Background

The Office of Data Exchange, Policy Publications, and International Negotiations is now responsible for negotiating and implementing bilateral Social Security agreements. Accordingly, we are revising existing Totalization POMS sections to account for new component names, addresses, and workload processes. We also updated these instructions to meet the Agency's plain language requirements.

Summary of Changes

GN 01727.001 Overview of Agreement with Portugal

In addition to the specific changes listed below, we updated title. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

Subsection C - New subsection. Contains information periods of coverage.

Subsection D - New subsection. Contains information on Totalization agreement instructions.

GN 01727.010 Overview of the Portuguese Social Security System

In addition to the specific changes listed below. We edited the language (plain language), and made editorial and minor format changes.

GN 01727.015 Coverage and Contributions Under the Portuguese System

In addition to the specific changes listed below, we updated title. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

Subsection C - New subsection. Voluntary contributions information added.

Subsection D - New subsection. Added voluntary credit coverage information.

Subsection E - New subsection. Added coverage inquiries information.

GN 01727.020 Portuguese Social Security Benefits Eligibility Requirements

In addition to the specific changes listed below, we updated title. We edited the language (plain language), and significant editorial and format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

Subsection D - This is a new subsection that addresses survivor benefits.

Subsection E - This is a new subsection that addresses contact information.

GN 01727.105 Effective Date of the U.S. - Portuguese Agreement

The section is being archived. The relevant information was moved to GN 01727.001

GN 01727.110 Scope of the U.S. - Portuguese Agreement

In addition to the specific changes listed below. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

GN 01727.115 Definition of Portuguese Territory

Subsection B - We edited the title and made a minor change in the second bullet.

GN 01727.120 U.S. Totalization Benefits Under the Portuguese Agreement

In addition to the specific changes listed below, we updated

title. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

Subsection C - We revised the heading, and updated the language.

GN 01727.125 Eligibility for Portuguese Benefits Under the Agreement

In addition to the specific changes listed below. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

GN 01727.130 Recomputation of Portuguese Totalization Benefits

In addition to the specific changes listed below. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

Subsection C - We updated the POMS references.

GN 01727.135 Voluntary Contributions to the Portuguese System

The section is being archived. The relevant information was moved to GN 01727.015.

GN 01727.140 Exception to Section 202(t)(1) Alien Nonpayment Provision Under the Portuguese Agreement

In addition to the specific changes listed below, we updated title. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

Subsection C is new. We added information from .145 here.

Subsection D - We updated the references.

GN 01727.145 Exception to Section 202(t)(11) Alien Nonpayment Provision for Dependents and Survivors Under the Portuguese Agreement

The section is being archived. The relevant information was moved to GN 01727.140.

GN 01727.150 Filing Appeals of Decisions on U.S. or Portuguese Claims

In addition to the specific changes listed below. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

GN 01727.205 Evidence Required for U.S. Totalization Benefits Under the Portuguese Agreement

The section is being archived. The relevant information was moved to GN 01727.210.

GN 01727.210 Developing Evidence in Claims for Portuguese Benefits

In addition to the specific changes listed below, we updated title. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

Subsection C - We revised the heading, and updated the language.

Subsection D - We revised the heading, and updated the language.

Subsection E - We revised the heading, and updated the language.

Subsection F - We revised the heading, and updated the language.

Subsection G - We revised the heading, and updated the language.

Subsection H - We revised the heading.

Sunsection I - We edited and added POMS references.

GN 01727.215 Application for Benefits Under the Portuguese Agreement

In addition to the specific changes listed below. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

Subsection C - We revised the heading, and updated the language.

Subsection D - We edited the heading.

Subsection E - We edited the heading.

Subsection E - We rearranged the POMS references.

GN 01727.220 Additional Applications for Portuguese Benefits

In addition to the specific changes listed below, we updated title. We edited the language (plain language), and made editorial and minor format changes.

Subsection A - We revised the heading, and updated the language.

Subsection B - We revised the heading, and updated the language.

Subsection C - We revised the heading, and updated the language.

Conversion Table
Old POMS ReferenceNew POMS Reference
GN 01727.105GN 01727.001
GN 01727.135GN 01727.015
GN 01727.145GN 01727.140
GN 01727.205GN 01727.210

GN 01727.001 Overview of the Totalization Agreement with Portugal

A. Introduction to the U.S. - Portugal Totalization agreement

The Social Security agreement between the United States and Portugal:

  1. 1. 

    Eliminates dual social security coverage and taxation of the same work in the two countries; and

  2. 2. 

    May permit workers (and their dependents and survivors) to qualify for partial U.S. or Portuguese benefits, even if they do not meet the normal insured status requirements.

B. Effective date of the U.S. - Portuguese agreement

The Totalization agreement with Portugal became effective August 1, 1989.

C. Periods of coverage earned before the effective date of the Totalization agreement

The United States and Portugal can use periods of U.S. and Portuguese social security coverage a worker earned prior to August 1, 1989 to establish entitlement to U.S. or

Portuguese Totalization benefits. However, the earliest possible month of entitlement to such benefits is August 1989.

D. Purpose of the U.S. - Portugal Totalization agreement instructions

This subchapter provides:

  • •

    Information about the Portuguese social security system; and

  • •

    Eligibility requirements for benefits under the Portuguese social security system and under the agreement; and

  • •

    Instructions on how to take and process claims for both U.S. and Portuguese benefits filed under the agreement.

Note: Additional information on the Portuguese social security system can be found at the Portuguese social security web site, which is accessible through Social Security Online at http://www.ssa.gov/international/links.html.

GN 01727.010 Overview of the Portuguese Social Security System

The Portuguese social security system provides a wide range of benefits, including retirement, survivors, and disability benefits. To qualify for Portuguese benefits, a worker must meet minimum coverage or recency-of-work requirements that vary depending on the type of benefit. Benefit amounts are based on the length of time the worker contributed to the Portuguese system and the level of his/her earnings.

How the Portuguese social security system is divided as follows:

  • •

    A general social security system that covers most wage and salaried workers; and

  • •

    Several special systems that cover workers in specific occupational categories, including rural workers, the self-employed, domestic servants, members of the clergy, civil servants, and bank employees. The special systems generally provide the same type of benefits as the general system.

    NOTE: Portugal is in the process of merging these special systems into the general system.

GN 01727.015 Coverage and Contributions under the Portuguese Social Security System

A. Overview of the Portuguese Social Security System

Almost all workers in Portugal have coverage either under the general social security system or under one of the several special systems. A worker's occupation determines whether he or she has coverage under the general system or one of the special systems mentioned in GN 01727.010.

B. Types of coverage (Compulsory and Voluntary)

Under the general social security system, covered employees and their employers, and covered self-employed persons are subject to compulsory contributions based on a percentage of the workers earnings.

C. Voluntary contributions

  • •

    Under the Portuguese social security system, individuals may under certain circumstances, make voluntary contributions.

  • •

    In some cases, the person needs prior Portuguese coverage to be eligible to make voluntary contributions to build future benefits rights.

D. Voluntary credit coverage

Under the agreement, Portugal will:

  • •

    Give U.S. nationals who reside in Portugal the right to make voluntary contributions to the Portuguese system on the same basis as Portuguese nationals; and

  • •

    Permit both U.S. and Portuguese nationals to have their prior U.S. coverage counted, if necessary, to establish the right to make voluntary contributions.

E. Portuguese voluntary coverage inquiries

General inquiries:

If there is a general inquiry about voluntary contributions, direct the person to the Departamento de Relacoes Internacionais e Convencoes de Seguranca Social at the address in GN 01727.020E.

If the U.S. Coverage Record is needed:

If a worker needs a U.S. coverage record to qualify for voluntary contributions, instruct him or her to get a coverage record by completing Form SSA-7004 (Request for Social Security Statement). (See RM 01301.014 and RM 01301.015).

GN 01727.020 Portuguese Social Security Benefits - Eligibility Requirements

A. Introduction

Although Portugal pays many different categories of benefits, this section describes only retirement, disability, and survivors benefits. These are the only Portuguese benefits included within the scope of the agreement.

B. Benefit eligibility requirements

This section provides basic eligibility requirements for Portuguese retirement, disability and survivor's benefits.

1. Retirement benefits

Since 2015, the retirement age in Portugal has been tied to increases in average life expectancy. Portugal currently pays retirement benefits at age 66 and 5 months with 15 years of contributions for a partial retirement benefit, or 40 years of contributions for a full benefit. An earlier retirement age is possible for workers with at least 40 years of contributions into the Portuguese system, albeit at a permanently reduced rate.

2. Disability benefits

Portugal pays two different types of disability benefits - relative disability and absolute disability.

3. Requirements to qualify

  • •

    Relative disability benefits are possible if the worker is under retirement age and permanently unable to earn more than one-third of previous earnings due to a non-work related illness or injury. The worker must have contributed to the Portuguese system for at least 5 years in order to be eligible; and

  • •

    Absolute disability benefits are possible if the worker is under retirement age and has suffered a permanent, 100% loss of work capacity. The worker must have contributed to the Portuguese system for at least 3 years in order to be eligible.

C. - Eligibility for dependents of retired or disabled workers

There is no provision for benefits for spouses, divorced spouses, or children of retired or disabled workers.

D. Survivor benefits

For Portuguese survivors benefit to be payable, the deceased worker must have had at least 36 months (3 years) of contributions.

1. Widow(er)

A widow(er) can receive a benefit at any age if he or she was married to the worker for at least 1 year. If the widow(er) is under age 35, the benefit is payable only for 5 years unless the widow is disabled or has dependent children in his or her care. His or her benefit ceases upon remarriage.

2. Divorced widow(er)

The requirements for a divorced widow(er) are the same as for a widow(er) if he or she received court-ordered alimony at the time of the worker's death.

3. Children

A child can receive a benefit if he or she is under age 18 (or age 27 if he or she is a full-time student), or at any age if he or she is totally incapable of work.

4. Other dependent relatives

Surviving parents of the worker can receive a benefit if they were dependent on the worker and there is no surviving spouse or child beneficiary.

5. Funeral grant

A funerary grant is a one-time payment that Portugal pays to a relative of a deceased worker if the deceased worker was receiving a benefit or was covered under the Portuguese system at the time of death. It is payable as a survivors grant in case of eligible survivors, or as a funerary grant in all other cases.

E. Contact information

SSA cannot provide official information about Portuguese social security benefits. Portuguese social security information is available online at: Seguranca Social.

Refer those persons who want official information about Portuguese benefits to:

 

Departamento de Relacoes

Internacionais e Convencoes

de Seguranca Social

Rua da Junqueira, 112

1302 Lisboa Codex

PORTUGAL

 

 

GN 01727.110 Scope of the U.S. - Portuguese Totalization Agreement

A. Benefit programs included

The provisions of the agreement that permit people to qualify for benefits based on combined U.S. and Portuguese coverage credits apply to the following types of benefits:

1. U.S. retirement, survivors, and disability benefits

The agreement does not apply to Medicare benefits, or Supplemental Security Income payments.

2. Portuguese retirement, survivors, and disability benefits

The agreement does not apply to workers compensation, unemployment benefits, health insurance, family allowances, short-term cash sickness, and maternity benefits.

B.  Social security taxes under the agreement

The provisions of the agreement that eliminate dual Social Security coverage and taxes apply to:

  • •

    U.S. Social Security taxes, including the Federal Insurance Contributions Act (FICA) for employees and employers and the Self-Employment Contributions Act (SECA) for self-employed workers, including the Medicare portion of those taxes; and

  • •

    Portuguese social security taxes that finance retirement, survivors and long-term disability benefits, sickness, maternity, workers compensation, unemployment, health insurance and family allowances.

C. References

Agreement provisions for the elimination of dual coverage and taxation, RS 02001.650 - RS 02001.690.

GN 01727.115 Definition of Portuguese Territory

A.  Certain provisions apply only to Portugal residents

As explained in GN 01727.140 and GN 01727.145, certain provisions of the agreement apply only to persons who reside in Portugal.

B. The agreement defines Portuguese territory as:

  • •

    Portuguese territory on the European Continent; and

  • •

    The Azores and Madeira archipelagos.

GN 01727.120 U.S. Totalization Benefits under the U.S. - Portuguese Agreement

Under the agreement, if a number holder (NH) has at least six U.S. quarters of coverage (QCs), but not enough to meet insured status requirements for regular U.S. benefits, the Social Security Administration (SSA) can add the NH's credits under the Portuguese social security system to his or her U.S. coverage to permit the NH (or any survivors) to qualify for U.S. Totalization benefits.

A. Crediting Portuguese coverage

SSA will credit one U.S. QC for every three months of Portuguese coverage (or remaining fraction thereof) in a calendar year. (Portuguese coverage is measured in months.)

However, no credit will be given for:

  1. 1. 

    Any month in a calendar quarter that SSA has already credited as a U.S. QC;

  2. 2. 

    More than four QCs for any calendar year; or

    3. Any period of coverage not based on contributions.

B. Computing benefits in the United States

When SSA establishes U.S. insured status based on combined U.S. and Portuguese coverage, it determines the amount of the U.S. Totalization benefit using the computation method described in GN 01701.200.

C. Adjudicating the claim in the United States

1. Field Offices (FOs) responsibilities

When a NH does not have enough U.S. coverage to meet fully insured status, but the NH has at least six QCs, field office (FO) technicians must take an initial claim to process the insured status denial. This will automatically generate a denial notice to inform the applicant that he or she does not meet the insured status requirement based on U.S. coverage alone, and that we will request the applicant's Portuguese earnings record (see GN 01702.310 - GN 01702.525).

The FO routes the claim to:

Social Security Administration

OEIO - DIO

P.O. Box 17769

Baltimore, Maryland 21235-7769

NOTE: If a courier service is used, mail to:

Social Security Administration

Division of International Operations

6100 Wabash Avenue

Baltimore, Maryland 21215

2. Division of International Operations (DIO) responsibilities

DIO requests and converts Portuguese periods of coverage on the Portuguese earnings record to U.S. QC's before adjudicating the claim.

D. References

  • •

    GN 01702.315, Processing Totalization Insured-Status Notices in Claims for U.S. Benefits

  • •

    GN 01702.325, Summary of Field Office Development and Processing of U.S. Totalization Claims and Foreign Claims (Regular and Totalization)

GN 01727.125 Eligibility for Portuguese Benefits Under the U.S. - Portuguese Totalization Agreement

A. Determining eligibility

The agreement provides that Portugal will count a worker's U.S. coverage, where necessary, when determining eligibility for Portuguese benefits under the general system or special occupational systems if the worker:

1. Does not meet insured status based on Portuguese coverage alone; and

2. Has at least 12 months of Portuguese coverage.

B. Crediting U.S. coverage

Portugal will credit three months of Portuguese coverage for each quarter of U.S. coverage. However, Portugal will not credit any month that it has already credited as a month of coverage under any Portuguese system.

NOTE: In some cases, the benefits provided under the Portuguese special systems for special occupational categories are more favorable than those under the general system. Portugal will take into account U.S. periods of coverage to meet the eligibility requirements for these special system benefits, but only if the worker completed them in an occupation or profession similar to that covered by the special system.

C. References

  • •

    GN 01727.020, Portuguese benefit eligibility requirements

  • •

    GN 01727.215, Application for benefits under the Portuguese agreement

GN 01727.130 Computation of Portuguese Totalization Benefits

A. Computing Portuguese Totalization benefits

When Portugal establishes entitlement to Portuguese retirement, survivors, or disability benefits based on combined U.S. and Portuguese coverage, the amount of the Totalization benefit that Portugal will pay is proportional to the worker's periods of coverage and earnings credited under Portuguese law. Portugal does not take into account the worker's U.S. coverage and earnings for computation purposes.

B. Special minimum benefits for Portuguese residents

If a Portuguese resident qualifies for a Totalization benefit from Portugal, as well as a U.S. benefit, and the amount of the combined benefits would be less than the minimum benefit payable under Portuguese law, Portugal will pay a supplement sufficient to raise the combined benefits to the minimum benefit amount.

C. Field Office (FO) actions

When a beneficiary submits a written request to a FO for a Portuguese Totalization benefits recomputation:

  • •

    Develop any lag earnings; and

  • •

    Follow the procedure in GN 01702.310C.

GN 01727.140 Exception to Alien Nonpayment Provision (ANP) under the U.S. - Portugal Agreement

A. Policy for applying ANP for workers

Section 202(t)(1) of the Social Security Act provides that certain alien beneficiaries will have their benefits suspended once they have been outside the United States for more than six months, unless thy meet an exception.

One such exception is in section 233(c)(2) of the Act. As explained in GN 01701.150A.1., certain alien beneficiaries who would otherwise be subject to suspension under section 202(t)(1) are exempt from suspension if they reside in a country with which the United States has a Totalization agreement. This exemption applies to residents of Portugal who receive regular retirement, survivors or disability insurance benefits, as well as those who receive Totalization benefits, provided they are:

  • •

    Refugees or stateless persons; or

  • •

    Alien auxiliary or survivor beneficiaries entitled on the Social Security number of a worker who is (or was at the time of death) a U.S. citizen, Portuguese citizen, or refugee or stateless person.

NOTE: Portuguese citizens are exempt from the Alien Nonpayment Provisions, regardless of where they reside (see RS 02610.015B). However, see C. below for information on an additional requirement and its exemption for certain dependents and survivors.

NOTE: See GN 01727.145 for additional U.S. residency requirements for alien dependents and survivors.

B. Procedure for applying ANP for workers

If a claimant who does not meet another exception to the alien nonpayment provisions alleges residence in Portugal, develop residence status to verify that the exemption provided by the agreement applies by developing the following:

  • •

    Residence status;

  • •

    Refugee or stateless person status, if the claimant alleges such status, or in the case of an auxiliary or survivor it is alleged that the worker is (or was at the time of death) a refugee or stateless person; or

  • •

    Citizenship of the worker, if a dependent or survivor alleges that the worker is (or was at the time of death) a U.S. or Portuguese citizen.

C. Policy for applying ANP for dependents and survivors

Generally, we do not pay benefits to dependents and survivors who have been outside the United States for more than six months and who first became eligible for the benefits after 1984, unless they satisfy certain U.S. residency requirements (5-year residency rule). This requirement is based on the provisions of Section 202(t)(11) of the Social Security Act. During this 5-year residency, the dependent or survivor must have been in a family relationship with the numberholder (NH).

However, Section 202(t)(11)(E) makes an exception for citizens or residents of a country with which the U.S. has a Totalization agreement unless the agreement includes a limitation on the exemption. The U.S.-Portuguese agreement does not contain a limitation on this exception. Therefore, Portuguese citizens, regardless of where they reside, and residents of Portugal are exempt from these requirements.

If a non-U.S. citizen dependent or survivor does not meet the 5-year residency requirement and alleges Portuguese citizenship, develop for Portuguese citizenship or residence status.

D. References

  • •

    GN 01701.150, Alien Nonpayment Exemptions under Totalization Agreements

  • •

    GN 01702.220 - GN 01702.230, Developing residence status

  • •

    GN 01702.220, Evidence of Citizenship for Beneficiaries Living Outside the United States

  • •

    GN 01702.230, Evidence of Residence

  • •

    GN 01727.115, Definition of Portuguese Territory

  • •

    GN 01727.145, Additional U.S. residency requirements for alien dependents and survivors

  • •

    RS 02610.000, Alien nonpayment provisions

  • •

    RS 02610.001, Alien Non-Payment Provisions

  • •

    RS 02610.015, Status of Countries for Alien Nonpayment Provision (ANP) Exceptions Based on Citizenship

  • •

    RS 02610.025, 5 Year Residency Requirement for Alien Dependents/ Survivors Outside the United States (U.S.)

  • •

    RS 02610.030, 5 Year Residency Requirements for Spouses, Natural Child, Adopted Child, and a Parent

GN 01727.150 Filing Appeals of Decisions on U.S. or Portuguese Claims

A. Filing appeals of decisions on U.S. or Portuguese claims

The agreement provides that persons who wants to appeal a decision on a claim for U.S. or Portuguese benefits may file the appeal with either country. See GN 01702.500 - GN 01702.505 for instructions on filing an appeal of a decision on U.S. or Portuguese claims.

B. Reference

Appeals of foreign claims, GN 01702.500

GN 01727.210 Developing Evidence and Establishing Entitlement Factors in Claims for U.S. and Portuguese Benefits

A. Evidence requirements for U.S. Totalization benefits under the Portuguese agreement

When a person files a claim for U.S. Totalization benefits under the agreement with Portugal, he or she must submit the same evidence required to file a claim for regular retirement, survivors, or disability insurance (non-Totalization) benefits. The applicant must also submit the evidence noted in GN 01702.200 through GN 01702.230 when claiming Totalization benefits from the United States. The following subsections show the types of evidence that the Social Security Administration (SSA) may use to support claims for benefits.

B. SSA accepts applications for benefits

Under the agreement with Portugal, SSA accepts applications for both regular and Totalization benefits on behalf of Portugal and provide limited assistance in obtaining evidence needed to support the applicant's claim.

C. Using evidence previously submitted in claim for U.S. benefits

Applicants do not need to resubmit the evidence previously submitted and verified to establish factors of entitlement for U.S. Social Security benefits. The evidence previously submitted for entitlement to U.S. Social Security benefits is sufficient to establish the same factors of entitlement to Portuguese benefits.

Portugal may use evidence that SSA has already used to establish a factor of entitlement for U.S. Social Security benefits to establish the same factor for Portuguese benefits.

D. Evidence required for U.S. Totalization benefits

When a person files for U.S. Totalization benefits under the agreement with Portugal, the applicant must submit the same evidence that would be necessary to establish a claim for regular (non-Totalization) retirement, survivors or disability insurance benefits. In addition, the applicant must submit the evidence noted in GN 01702.200 - GN 01702.230 whenever he or she claims Totalization benefits from the United States. Development is necessary when the applicant indicates work in Portugal on U.S. applications, see GN 01702.310 - GN 01702.525.

E. Establishing entitlement factors

The following indicates what factors of entitlement, in addition to insured status, a person must establish in claims for Portuguese benefits.

1. All benefits

  • •

    Worker's date of birth; and

  • •

    Worker's Portuguese insurance number.

2. Required evidence when filing an application for retirement benefits

When a worker files an application for retirement benefits, obtain the following evidence:

  • •

    Worker's date of birth; and

  • •

    Worker's Portuguese insurance number; and

  • •

    Marital status; if the person claims a spouse's supplement; and

  • •

    Family composition; and

  • •

    Date of birth for all family members; and

  • •

    Disability status of all family members; and

  • •

    Type of covered work in the United States (if the person claims a benefit under one of the occupational systems, see GN 01727.010).

3. Required evidence when filing an application for survivors benefits

The entitlement factors that a person must establish for Portuguese survivors claims are:

  • •

    Date of death of worker; and

  • •

    Date of birth of applicant; and

  • •

    Date of marriage (if a surviving spouse is applying for benefits); and

  • •

    Date of divorce, if applicable; and

  • •

    Type of covered work in the United States (if the person claims a benefit under one of the occupational systems, see GN 01727.010).

4. Required evidence when filing an application for disability benefits

The entitlement factors that a person must establish for Portuguese disability claims are:

  • •

    Worker's date of birth; and

  • •

    Worker's Portuguese insurance number: and

  • •

    Degree of disability and cause of impairment (medical evidence); and

  • •

    Type of covered work in the United States (if the person claims a benefit under one of the occupational systems, see GN 01727.010).

F. Developing evidence in support of an application for retirement, survivors, or disability benefits

1. Research the types of evidence

If the applicant requests guidance on the type of evidence to submit, see these references:

2. Prior title II claim

Document the file to show when SSA has already verified a factor of entitlement for a Portuguese benefit for a U.S. claim.

  • •

    Send a certified photocopy of the relevant evidence with the Portuguese claim to OEIO if you will send the concurrent Title II claim to a program service center (PSC) other than OEIO.

  • •

    Include a master beneficiary record (MBR) printout in the claims file sent to OEIO to show which factors, other than disability, SSA has already verified in a prior file.

3. Obtain record of the NH's U.S. coverage

Obtain a record of the NH's U.S. coverage in all claims for Portuguese benefits. When the applicant is filing for both U.S. and Portuguese benefits, completion of the modernized claims system (MCS) screens will automatically generate a separate earnings record for the Portuguese claim. When a claimant files for Portuguese benefits only, which is a complex MCS exclusion, request an Informational/Certified Earnings Record (ICERS) per MSOM ICERS 001.004.

NOTE: Evidence of lag wages is not needed for Portuguese claims.

G. Accepting medical evidence for disability claims

In addition to taking the actions in GN 01727.210E., take the following actions when developing medical evidence for Portuguese disability claims.

1. Medical evidence

  1. a. 

    Accept any medical evidence the applicant submits when the claim is for Portuguese benefits only. Do not attempt to secure evidence for the applicant or offer advice as to what types of evidence Portugal needs; and

  2. b. 

    Photocopy the evidence, certify the copy and return the original to the applicant. See GN 00301.105 for information about certifying evidence for Totalization claims, and

  3. c. 

    Do not hold claims for Portuguese benefits for prolonged periods pending receipt of evidence; and

  4. d. 

    Send any medical evidence that the applicant submits along with the claims file to OEIO at the address in GN 01702.310; and

  5. e. 

    Transmit the file without medical evidence if it is not readily available and advise the applicant that the Portuguese agency will contact him or her directly, if necessary, to obtain needed evidence; and

  6. f. 

    If an applicant is unable to obtain the necessary evidence within a reasonable period, transmit the claim without the evidence to the Division of International Operations (DIO) at this address.

  7. g. 

    Applicants filing for benefits from one of the special occupational systems in Portugal will need to establish the type of work the number holder (NH) performed in the United States. If the applicant asks for guidance, suggest that he or she get a statement from the NH's employer or union (if the employer is out of business), showing the type of occupation and the dates of employment in that occupation.

    Social Security Administration
    OEIO - DIO
    P.O. Box 17769
    Baltimore, MD 21235-7769
    USA

    NOTE: If a courier services used, mail to:

    Social Security Administration
    Division of International Operations
    6100 Wabash Avenue
    Baltimore, Maryland 21215

  8. h. 

    Complete the Modernized Development Worksheet (MDW) screen to show the date the FO sent the Portuguese claim to DIO. Show, "Totalization" as the ISSUE; and

  9. i. 

    Inform the applicant that the responsible Portuguese agency will contact him or her directly to obtain any additional documents or evidence to make a determination.

2. Portuguese benefits and concurrent Title II claim

Follow the instructions in GN 01702.400 - GN 01702.415 to process claims for Portuguese disability benefits and concurrent title II disability claims.

3. Document the file

Document the file as follows:

  • •

    Indicate on the Portuguese benefit claim file any factor of entitlement verified previously for the U.S. claim; and

  • •

    For concurrent Title II claims, send the claim and relevant evidence to the Program Service Center (PSC) of jurisdiction. Electronically send a certified photocopy of the relevant evidence with then Portuguese claim to DIO.

4. Portuguese benefits and concurrent Title II claims

To process Portuguese disability benefits and concurrent Title II disability claims, follow the instructions in GN 01702.400 through GN 01702.415.

H. Claim for constant attendance supplement

In addition to taking the actions in GN 01727.210F., if the applicant alleges he or she is severely disabled and requires the constant care of a third party, enter in the “Remarks” section of Form SSA-2490, the severity of the impairment and why it requires third-party assistance. This will allow the Portuguese agency to solicit an application for a constant attendance supplement at the same time it requests the other application.

I. References

  • •

    GN 00301.105, Certification of Evidence for Totalization Claims

  • •

    GN 01702.200, Evidence Requirements under Totalization Agreements

  • •

    GN 01702.205, Special Evidence Requirements for U.S. Totalization Benefits

  • •

    GN 01702.210, Verification of Eligibility Factors by Foreign Agencies

  • •

    GN 01702.215, Special Evidence Requirements for Claims for Foreign Benefits

  • •

    GN 01702.220, Evidence of Citizenship for Beneficiaries Living Outside the United States

  • •

    GN 01702.225, Evidence of Status as Refugee or Stateless Person

  • •

    GN 01702.230, Evidence of Residence

  • •

    GN 01702.310, Routing of Claims for U.S. Benefits Involving Totalization

  • •

    GN 01702.315, Processing Totalization Insured-Status Notices in Claims for U.S. Benefits

  • •

    GN 01702.320, Routing of Claims for Foreign Benefits

  • •

    GN 01702.400, Developing Medical Evidence in Claims for U.S. Totalization Disability Benefits

  • •

    GN 01702.405, Associating Evidence from Prior Disability Folders

  • •

    GN 01702.410, Routing of Claims for U.S. Totalization Disability Benefits

  • •

    GN 01702.415, Development of Medical Evidence and Routing of Claims for Foreign Disability Benefits

  • •

    MS ICER 02101.004, Informational/Certified Earnings Records-Totalization (ICIC)

  • •

    MS 03509.011, Totalization (TOTL)

  • •

    RS 01404.005, Lag Period and Lag Earnings

GN 01727.215 Application for Benefits under the U.S. - Portuguese Agreement

A. Filing for benefits using multiple application forms

All applicants filing for benefits under the agreement with Portugal must complete Form SSA-2490-BK (Application For Benefits Under A U.S. International Social Security Agreement). This is true whether the applicant is filing for benefits only from the United States, only from Portugal, or from both countries.

B.  Using the Modernized Claims System (MCS) version of form SSA-2490-BK

1. When you may use the MCS version

The SSA-2490-BK is available through MCS, but you may only use the MCS version when the number holder (NH) is filing for:

  • •

    U.S. retirement or disability Totalization benefits only; or

  • •

    U.S. retirement or disability benefits (regular or Totalization) and concurrently for Portuguese benefits.

2. When you may not use the MCS version

Do not use the MCS version of the SSA-2490-BK when the applicant is filing for:

  • •

    Portuguese benefits only; or

  • •

    U.S. or Portuguese survivors benefits.

You must use a paper or electronic (e-form) SSA-2490-BK for Totalization survivor claims. Form SSA-2490-BK is also available through the Totalization Benefits Resource Kit. For instructions on how to complete the SSA-2490-BK, see GN 01702.110.

NOTE: It is not necessary to take an SSA-2490-BK in claims for U.S. auxiliary benefits in life cases or in survivor cases where there was a previously approved award in a life case since this application would have been completed previously in connection with the NH's claim.

C. Determining the required MCS application screens for Totalization benefits

Use the following information to determine the application screens to complete when taking claims under the U.S. - Portuguese agreement for Totalization or Portuguese benefits.

1. U.S. Totalization benefits only

a. Retirement or disability claims

Complete the following screens:

b. Survivors claims

Complete the following screens:

  • •

    MCS application; and

  • •

    TOTALIZATION (TOTL) see MSOM MS 03509.011; and

  • •

    Part I of the paper or electronic Form SSA-2490-BK.

2. Portuguese benefits only (regular or Totalization)

Claims for Portuguese benefits only (regular or Totalization) are MCS exclusions. Complete Part I and II of the paper or electronic (e-form) application Form SSA-2490-BK.

3. Portuguese benefits (regular or Totalization) and U.S. (regular or Totalization) benefits

a. Retirement or disability claims

In retirement or disability claims, complete the following screens:

b. Survivor claims

In survivor claims, complete the following screens:

  • •

    MCS application; and

  • •

    TOTALIZATION (TOTL) see MSOM MS 03509.011; and

  • •

    Parts I and II of the paper or electronic Form SSA-2490-BK.

NOTE: Form SSA-2490-BK is available through the Totalization Benefits Resource Kit.

D. Entering the worker's name

Enter the worker's complete name in item 1(a) of Form SSA-2490-BK. If the worker is Portuguese, the name will be shown on an official Portuguese document such as a passport or identity card. In the event the worker's name will not fit in item 1(a) of Form SSA-2490-BK, use the “Remarks” section.

E. Cause of disability

If the person is claiming disability benefits from Portugal, enter in the “Remarks” section of Form SSA-2490-BK whether or not the claimants disability resulted from a job-related injury. (Portugal needs this information to determine if it should pay the claim under worker's compensation rather than the disability program.)

F. References

  • •

    GN 01702.110, Application for Benefits under a U.S. International Social Security (Totalization) Agreement (Form SSA-2490-BK)

  • •

    GN 01702.310, Routing of Claims for U.S. Benefits Involving Totalization

  • •

    MS 03507.001, Introduction to SSA-2490 - Overview

  • •

    MS 03509.011, Totalization (TOTL) screen

GN 01727.220 Field Office (FO) procedure for processing special application forms

A. The application process

In addition to Form SSA-2490-BK, an applicant for Portuguese benefits must complete one or more special Portuguese application forms. The form(s) he or she must complete vary depending on the type of benefit he or she is claiming.

B. Process for filing for Portuguese benefits

Field Offices (FOs) do not take the special Portuguese application forms. After receiving a claim for Portuguese benefits that an applicant filed with SSA, the Portuguese agency mails the appropriate Portuguese application form to the applicant. The Portuguese agency instructs the applicant to complete the forms and mail them directly to the Portuguese agency with any required evidence needed in the application process.

C. Applicant brings Portuguese special application forms to the FO

If an applicant brings any Portuguese application forms to the FO, the FO should:

  • •

    Accept, photocopy, and certify the photocopied application; and

  • •

    Photocopy and certify any additional documents (evidence) the Portuguese agency requested the applicant to include with the Portuguese claim; and

  • •

    Request an "Informational/Certified Earnings Record" (ICERS) as described in MS ICERS 02101.004; and

  • •

    Return to the applicant any original evidence documents and the certified photocopy of the application; and

  • •

    Send the original Portuguese application and any certified photocopies or additional claims material to the Division of International Operations (DIO) in Baltimore at the following address:

    Social Security Administration
    Division of International Operations
    P.O. Box 17769
    Baltimore, Maryland 21235-7769

    NOTE: If a courier service is used, mail to:

     

    Social Security Administration
    Division of International Operations
    6100 Wabash Avenue
    Baltimore, Maryland 21215

D. References

  • •

    GN 01702.110, Application for Benefits Under a U.S. International Social Security (Totalization) Agreement (Form SSA-2490-BK)

  • •

    GN 01702.310, Routing of Claims for U.S. Benefits Involving Totalization

  • •

    MS 03507.001, Introduction to SSA-2490 - Overview

  • •

    MS 03509.011, Totalization (TOTL) screen

GN 01727 TN 6 - Agreement with Portugal - 4/12/2023