TN 7 (04-23)

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, that person 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 will take applications for both regular and Totalization benefits on behalf of Portugal and provides 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 under the Portuguese Agreement

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 they submit claims for 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

  • Date of birth for 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 them 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 person 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 them 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 they are severely disabled and requires the constant care of a third party, enter in the “Remarks” section of Form SSA-2490-BK, 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.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201727210
GN 01727.210 - Developing Evidence and Establishing Entitlement Factors in Claims for U.S. and Portuguese Benefits - 04/20/2023
Batch run: 04/20/2023
Rev:04/20/2023