Effective Dates: 07/30/2024 - Present Previous | Next

TN 60 (07-24)

RS 00301.102 Additional Requirements for Alien Workers- Social Security Protection Act of 2004

CITATIONS:

Section 211 of Public Law 108-203, 42 USC 414, 42 USC 423

A. Introduction

The Social Security Protection Act of 2004 (“SSPA,” or Public Law 108-203) was signed into law on March 2, 2004. Under Section 211 of this legislation, certain alien workers must meet additional requirements to be fully or currently insured and to establish entitlement to benefits based on the alien's earnings. This law applies to Title II benefits and Medicare based on End-Stage Renal Disease (ESRD).

The instructions on the SSPA are organized as follows:

Topic

Subsection

Policy—Provisions of Section 211 of the SSPA

RS 00301.102B

Policy—Interaction Between Section 211 of the SSPA and Other Provisions Affecting Payment/Entitlement of Aliens (Lawful presence, alien nonpayment, removal, and totalization provisions)

RS 00301.102C

Procedure—Development and Determinations Under Section 211 of the SSPA

RS 00301.102D

Procedure—Disallowance Paragraphs

RS 00301.102E

Examples

RS 00301.102F

References

RS 00301.102G

B. Policy — provisions of Section 211 of the SSPA

1. Who is subject to Section 211 of the SSPA?

Section 211 of the SSPA applies to an alien worker whose Social Security Number (SSN) was first assigned on or after January 1, 2004. For the purposes of this provision of the SSPA, an “alien worker” is a worker who is not a U.S. citizen or national of the U.S. as defined in GN 00303.120.

NOTE: An alien worker whose SSN was assigned before January 1, 2004 is exempt from the requirements of Section 211 of the Social Security Protection Act, even if the SSN was not “work authorized.”

Although these provisions apply directly to certain alien workers, they can also affect the entitlement of any person seeking a benefit on the record of an alien who is subject to this law. For example, if an alien worker must be disallowed under Section 211 of the SSPA, a child claiming benefits on that record would also be disallowed, regardless of the child's citizenship or immigration status. See RS 00301.102F.6. for an example of an ESRD claim for a child who is affected by this provision.

 

2. Overview - what are the requirements of Section 211 of the SSPA?

Under Section 211 of the SSPA, an alien worker whose Social Security Number (SSN) was originally assigned on or after January 1, 2004, must meet one of the following additional requirements to be fully or currently insured and in order to establish entitlement to any Title II benefit or ESRD Medicare based on the alien worker's earnings:

  1. a. 

    The alien worker must have been issued an SSN for work purposes at any time on or after January 1, 2004. (See RS 00301.102.B.4. for more information); OR

  2. b. 

    The alien worker must have been admitted to the U.S. at any time as a nonimmigrant visitor for business (B-1) or as an alien crewman (D-1 or D-2). (See RS 00301.102B.5. for more information.)

IMPORTANT: If an alien worker whose SSN was originally assigned 01/01/04 or later does not meet either of these additional requirements, then the worker is not fully or currently insured. This is true even if the alien worker appears to have the required number of QCs in accordance with the regular insured status provisions found elsewhere in this subchapter. Entitlement based on the alien worker's earnings is precluded. Disallow all claims for benefits based on the alien worker's earnings in accordance with the procedure in Step 18 in RS 00301.102D. See RS 00301.102F.2. for an example of a deceased alien worker who never had an SSN for work purposes or admission as a B-1/D-1/D-2 nonimmigrant.

3. SSN originally assigned on or after January 1, 2004

a. General

Section 211 of the SSPA applies for Title II and ESRD Medicare claims filed on the account of an alien worker who was originally assigned an SSN on or after January 1, 2004.

See Steps 4 and 5 in RS 00301.102D. for how to determine when the SSN was originally assigned based on the NUMIDENT entries.

See RS 00301.102F.3. for an example of when this law does not apply because the alien worker's SSN was first assigned before 01/01/04.

b. Special considerations for determining when an SSN was originally assigned

Additional development may be necessary in order to determine when an SSN was originally assigned in the following unusual situations:

  • •

    “Wrong Number SS-5”

    In a “wrong number SS-5” case, SSA erroneously issued the alien worker an SSN with another person's SSN instead of assigning the alien worker their own SSN (see RM 10220.350). If an alien worker could have legitimately been assigned an SSN before 1/1/2004, the worker is exempt from the requirements of section 211 of the SSPA.

  • •

    “Scrambled Earnings”

    For the purpose of these instructions, a “scrambled earnings” case occurs when one person intentionally worked under another person's SSN, unlike the “wrong number SS-5” scenario. In some scrambled earnings cases, a person assumes the identity of the rightful NH, obtains an SSN using documents showing the true NH's identity, and works under the true NH's name and SSN (i.e., identity fraud is at issue). In other cases, a person works under their own name but uses another person's SSN. Resolve scrambled earnings in accordance with RM 03870.048 and MSOM EM 010.002 .

    For the purpose of determining whether an alien worker's SSN was originally assigned on or after 1/1/2004, go by the SSN, if any, that was properly assigned to the alien worker based on their own true identity. Section 211 of the SSPA applies if the alien worker's own SSN was assigned on or after 1/1/2004 or if they have not yet been assigned an SSN based on their true identity.

    See RS 00301.102F.4. for an example of a case involving scrambled earnings.

  • •

    “New SSN” Assigned

    In certain situations, a worker who was originally and properly assigned one SSN may be assigned a “new” SSN in accordance with RM 10220.005, RM 10220.105, or RM 10220.200 as appropriate. In this situation, the assignment of the original (i.e., the first) SSN rather than the new SSN is used to determine whether the alien worker's SSN was originally assigned on or after 1/1/2004. If the alien worker's original SSN (i.e., the first SSN) was assigned on or after 1/1/2004, then Section 211 of the SSPA applies.

  • •

    SSN Applied for Before 1/1/2004, But SSN Date of Assignment Unclear

    For any case in which the alien worker applied for an SSN before 1/1/2004 but it is unclear from the record whether the SSN was assigned 1/1/2004 or later, contact the Regional Office for guidance.

4. Alien worker was issued an SSN for work purposes on or after January 1, 2004

a. General rule

An alien worker who was properly issued a valid SSN for work purposes at any time on or after January 1, 2004 meets the “work SSN” requirement of the SSPA. The SSN for work purposes can be issued in connection with the current claim. In general, SSA issues an SSN for work purposes to an alien who has permission to work in the U.S. from the Department of Homeland Security (“DHS,” formerly the Immigration and Naturalization Service.)

NOTE: See RM 10215.200 if a special indicator on the NUMIDENT is present or may be applicable. Contact your regional office for guidance.

b. Alien without work SSN is currently work authorized or had work authorization at time of death

An alien worker who does not have an SSN card for work purposes is nevertheless considered to meet the “work SSN” requirement of Section 211 of the SSPA if they meet one of the following profiles:

  • •

    Alien worker does not have an SSN, but is currently authorized to work in the U.S.; or

  • •

    Alien worker has/had an SSN, but not for work purposes (i.e., a “nonwork SSN”); and is currently authorized to work in the U.S.; or

  • •

    Deceased alien worker never had an SSN, but they had work authorization at the time of death; or

  • •

    Deceased alien worker had an SSN, but not for work purposes (i.e., a “nonwork SSN”); and they had work authorization at the time of death.

If an alien worker meets one of these profiles, take appropriate action to assign an SSN to them and issue an SSN card for work purposes, as appropriate. See Steps 7-9 in RS 00301.102D. for adjudicating these claims under Section 211 of the SSPA. Refer to the “alternative scenario” in RS 00301.102F.2. for an example that illustrates this policy.

c. Which covered earnings may be used to determine insured status?

If the alien was ever issued a valid SSN for work purposes on or after January 1, 2004, then all of their covered earnings may be used to determine insured status, regardless of the alien's current or prior immigration classification and/or work authorization status.

d. Which insured status test(s) must be met?

Section 211 of the SSPA does not change which insured status test(s) apply. Therefore, insured status for an alien worker who has/had an SSN for work purposes is determined based on the usual insured status test(s) described elsewhere in this subchapter. For example, a retired alien worker with an SSN for work purposes must still have enough QCs to meet fully insured status. Refer to RS 00301.101B. for a chart of the applicable insured status test(s) for each type of benefit.

NOTE: It is possible that an alien worker who meets this “work SSN card” requirement under Section 211 of the SSPA will not meet the applicable insured status test(s) according to the rules found elsewhere in this subchapter. See Step 17 in RS 00301.102D. for processing an insured status disallowance in this situation.

e. Changes in the alien worker's immigration/work authorization status

The requirement for having an SSN for work purposes is met if the alien NH was properly issued a “work SSN card” at any time on or after January 1, 2004, regardless of their prior or current immigration/work authorization status. The following table shows three common scenarios where the “work SSN card” requirement is met:

If the alien worker...

And...
  • •

    was previously issued a valid SSN card for work purposes,

 

is not currently authorized to work in the United States.
  • •

    was previously issued an SSN card for non-work purposes,

is later issued an SSN card for work purposes.

 
  • •

    began working without a valid SSN,

is later assigned an SSN and issued a valid SSN card for work purposes.

NOTE: An alien worker does not meet the “work SSN” requirement if they have worked in the U.S. without authorization from the U.S. immigration authority (i.e., illegally) using someone else's SSN, but never had a valid SSN card for work purposes based on their own immigration documentation and identity.

f. Where to find more information about “work SSN” issues

  • •

    See Step 6 in RS 00301.102D. for how to tell from the NUMIDENT record whether the alien NH was issued an SSN card for work purposes on or after January 1, 2004.

  • •

    See RS 00301.102F.1. for an example of entitlement based on this provision.

  • •

    See RS 00301.102F.4. for an example involving entitlement of a work-authorized alien who had entered the U.S. as an undocumented alien.

  • •

    See RM 10201.055 for more information about SSN cards issued for work purposes.

5. Alien worker was admitted to the U.S. as a B-1, D-1, or D-2 nonimmigrant

a. General

In general, a “nonimmigrant” is an alien who is admitted to the United States on a temporary basis. To meet the B-1/D-1/D-2 nonimmigrant requirement of Section 211 of the SSPA, an alien worker must have been admitted to the U.S. at any time in one of the following Department of Homeland Security (DHS) nonimmigrant categories:

  • •

    “B-1,” a visitor for business; or

  • •

    “D-1,” an alien crewman serving in a capacity required for normal operations on board a vessel or aircraft, who departs from the United States with the vessel or aircraft on which they arrived or another vessel or aircraft; or

  • •

    “D-2,” an alien crewman serving in a capacity required for normal operations on board a vessel or aircraft, who departs from Guam with the vessel on which they arrived.

Alien crewmen (D-1 and D-2) are temporarily admitted to the U.S. for up to 29 days at a time, with no extensions.

b. Which covered earnings may be used to determine insured status?

If the alien was ever admitted to the U.S. as a B-1, D-1, or D-2 nonimmigrant, then all of their covered earnings may be used to determine insured status, regardless of the alien's current or prior immigration classification and/or work authorization status.

c. Which insured status test must be met?

Section 211 of the SSPA does not change which insured status test(s) apply. Determine insured status using the applicable test(s) found elsewhere in this subchapter for an alien worker who never had a SSN for work purposes but meets the requirement for status as a B-1/D-1/D-2 nonimmigrant. For example, a D-1 worker disabled at age 46 must still have enough QCs to meet fully insured status and 20/40. Refer to RS 00301.101B. for a chart of the applicable insured status test(s) for each type of benefit.

NOTE: It is possible that an alien worker who meets the “B-1/D-1/D-2 nonimmigrant requirement” under Section 211 of the SSPA will not meet the applicable insured status test(s) according to the rules found elsewhere in this subchapter. See Step 17 in RS 00301.102D. for processing an insured status disallowance in this situation.

d. Where to find more information about insured status for B-1, D-1, and D-2 nonimmigrants

  • •

    See Steps 10-14 in RS 00301.102D. for how to determine whether the alien worker has or had status as a B-1, D-1 or D-2 nonimmigrant.

  • •

    Refer to Step 16 d., in RS 00301.102D. for a listing code when awarding benefits based on status as a B-1/D-1/D-2 nonimmigrant.

  • •

    Refer to Step 18 in RS 00301.102D. for disallowance processing if insured status based on having a work SSN or B-1/D-1/D-2 nonimmigrant status is not met.

  • •

    See RS 00301.102F.5 for an example of a former D-1 alien worker who is entitled based on this provision.

  • •

    See Steps 11 and 12 in RS 00301.102D. and RS 00301.102F.7. for a special procedure to be used for B-1 truck drivers from Canada.

C. Policy — interaction between section 211 of the SSPA and other provisions affecting payment/entitlement of aliens

1. Lawful presence under welfare reform (RS 00204)

  1. a. 

    Section 211 of P.L. 108-203 affects entitlement for the alien worker and any auxiliaries or survivors claiming Title II benefits based on the alien worker's earnings.

  2. b. 

    The lawful presence requirements in RS 00204.000 affect whether an alien claimant (NH, auxiliary, or survivor) who is in the U.S. and who has established entitlement to a Title II benefit can receive payment of that benefit.

These two provisions operate independently of each other. The following are some of the possible scenarios involving the lawful presence provisions and Section 211 of the SSPA:

If....

And...

Then...

An alien worker whose nonwork SSN was originally assigned on or after 1/1/04—

  • •

    never had an SSN card for work purposes; and

  • •

    was never admitted to the U.S. based on the B-1, D-1, or D-2 nonimmigrant status,

 

The alien worker is now lawfully present in the U.S. in accordance with RS 00204.025,

Disallow all claims for the alien worker and auxiliaries since the alien worker does not meet either alternative insured status requirement of Section 211 of the SSPA.

See Step 18 in RS 00301.102D. for disallowance processing instructions.

A deceased alien worker —

was never assigned an SSN; and

was never authorized to work in the U.S or admitted to the U.S. as a B-1, D-1, or D-2 nonimmigrant;

A survivor claimant is a lawfully present alien in accordance with RS 00204.025,

Disallow the survivor claim because the deceased alien worker did not meet either alternative insured status requirement of Section 211 of the SSPA.

See Step 18 in RS 00301.102D. for disallowance processing instructions.

An alien worker whose SSN was originally assigned on or after 1/1/04—

  • •

    was issued an SSN card for work purposes based on a temporary DHS work authorization; and

  • •

    has the required number of QCs for the type of benefit sought,

 

The alien worker is currently in the U.S. but is not lawfully present in accordance with RS 00204.025,

Award the claims for the alien worker and any auxiliaries since the alien worker meets the “work SSN” requirement of Section 211 of the SSPA; but

Suspend the alien worker's benefits since they are not lawfully present in the U.S.

Any auxiliary claimants entitled on this NH's account would have to meet the lawful presence or U.S. citizenship requirement in order to receive payment of benefits to which they are entitled.

2. Alien nonpayment and removal provisions

The Social Security alien nonpayment and removal provisions operate independently of Section 211 of the SSPA. Thus, an alien worker who is subject to and meets the requirements of Section 211 of the SSPA may be entitled to benefits under Title II, but benefits must be suspended:

  • •

    Under Section 202(t) of the Social Security Act if they have been outside the United States for 6 calendar months and do not meet an exception to the alien nonpayment provisions (RS 02610.000); or

  • •

    Under Section 202(n) of the Social Security Act if they were removed from the United States under certain sections of the Immigration and Nationality Act (RS 02635.000).

3. Totalization agreements

U.S. totalization agreements do not override the additional requirements in section 211 of the SSPA. Therefore, if:

  • •

    The alien worker's SSN was originally assigned on or after 1/1/2004; and

  • •

    They are a national of a totalization agreement country,

then the alien worker must meet one of the additional insured status requirements under Section 211 of the SSPA in order to be fully or currently insured and for anyone to establish entitlement to any Title II benefits, including U.S. totalized benefits, based on the alien worker's earnings.

NOTE: If the alien worker does not meet the requirements of Section 211 of the SSPA, the other country which is party to a totalization agreement may use the worker's title II coverage to determine eligibility for and amount of a benefit under the other country's system.

D. Procedure — development and determinations under section 211 of the SSPA

Use the step-action chart in this subsection to determine whether the alien worker meets the requirements of Section 211 of the SSPA and whether an alien worker who does not have an SSN can be assigned a number in connection with the current claim.

IMPORTANT: Verify the claimant's and the alien worker's identity in accordance with GN 00203.020 before determining whether the worker meets the requirements of Section 211 of the SSPA. (Establishing identity is required for all cases, not just cases involving Section 211 of the SSPA.)

NOTE: For the purpose of this chart, the term “claimant” may refer to the worker or a person claiming benefits as an auxiliary or survivor.

Step

Action

1

Does the claimant allege that the worker is a U.S. citizen or national of the U.S.? (See GN 00303.120)

  • •

    If YES, continue with Step 2.

  • •

    If NO, skip to Step 3.

2

Has the claimant submitted acceptable evidence of the worker's U.S. citizenship/U.S. nationality or does a prior SSA record establish the worker's U.S. citizenship/U.S. nationality? (See GN 00303.300)

  • •

    If YES, STOP. The provisions of Section 211 of the SSPA are not applicable since the worker is not an alien. Determine insured status using all of the worker's covered earnings and the regular instructions for insured status found elsewhere in this subchapter.

  • •

    If NO, assume the worker is an alien and continue with Step 3.

3

Does the alien worker have an SSN?

  • •

    If YES, continue with Step 4.

  • •

    If NO, skip to Step 7.

4

Obtain the NUMIDENT record.

Is there a Special Indicator Code (SPIN) of 1, 2, 4, 5, or 7 on the NUMIDENT?

  • •

    If YES, contact your Regional Office for guidance. See RM 10215.200. Continue with Step 5.

  • •

    If NO, continue with Step 5.

5

Does the earliest NUMIDENT record for the alien worker's SSN (i.e., the record with an Entry Type Code (ETC): O Original SSN show a Cycle Date (CYD) that is on or after 01/01/2004 indicating that the SSN was originally assigned on or after 01/01/2004?

  • •

    If YES, continue with Step 6.

  • •

    If NO, STOP. The alien worker is exempt from the requirements of Section 211 of the SSPA. Determine insured status using all of the worker's covered earnings and the regular instructions for insured status found elsewhere in this subchapter.

NOTE: There are 3 situations when the Cycle Date (CYD) on the earliest NUMIDENT record may not be a reliable indicator of when the alien worker's SSN was originally assigned:

  • •

    “Wrong Number SS-5:” can occur when SSA erroneously assigned another person's SSN to the alien worker (RM 10220.350). Obtain a microprint of the SS-5 in accordance with RM 10220.350. If an alien worker could have legitimately been assigned an SSN before 1/1/04, the worker is exempt from the requirements of section 211 of the SSPA.

  • •

    “Scrambled earnings:” can occur when one person intentionally uses another person's SSN (RM 03870.048 and MSOM EM 010.002 ). For the purpose of determining whether an alien worker's SSN was originally assigned on or after 1/1/2004, go by the SSN, if any, that was properly assigned to the alien worker based on their own true identity. See RS 00301.102F.4. for an example of a case involving scrambled earnings.

  • •

    “New SSN:” In certain situations, a worker who was originally and properly assigned one SSN may be assigned a new (i.e., different) SSN in accordance with RM 10220.005, RM 10220.105, or RM 10220.200 as appropriate. Use the date the original SSN was assigned to determine whether the alien worker's SSN was assigned on or after 1/1/2004.

6

For an alien worker who was originally assigned an SSN on or after 01/01/2004:

Does any record on the NUMIDENT for the alien's SSN (including the record established for an SSN assigned in connection with the current claim) show one of the following codes indicating the alien NH is or was at any time authorized to work in the United States?

  1. a. 

    An Evidence -Interview Code (IDN) of “H” indicating permanent employment authorization as a lawful permanent resident (LAPR), refugee, asylee, or citizen of a Compact of Free Association country, and thus has employment authorization inherent in immigration status; or

  2. b. 

    An Evidence -Interview Code (IDN) of “C” and/or a Citizenship (CSP) of “B” indicating status as a lawfully admitted alien with work authorization (but not an LAPR).

See RM 10235.005 for Evidence - Interview Codes (IDN) , Citizenship (CSP) codes, and the Cycle Date (CYD) field.

  • •

    If YES, the alien worker meets the requirement for having a “work SSN card” under Section 211 of the SSPA. Skip to Step 15 for determining whether the alien worker meets insured status based on their covered earnings.

  • •

    If NO, continue with Step 7.

NOTE: Take action to correct erroneous Citizenship (CSP) or Evidence - Interview Codes (IDN) before evaluating these codes under this step. If an erroneous code cannot be corrected, evaluate the NUMIDENT record based on what the code should be and document the folder accordingly.

7

For an alien worker who either has no SSN or has not been issued an SSN card for work purposes (i.e., they have or had an SSN for nonwork purposes):

Does the claimant allege the alien worker currently has authorization to work in the U.S., or, if the alien worker is deceased, does the claimant allege that the alien worker had work authorization at the time of death?

  • •

    If YES, continue with Step 8.

  • •

    If NO, skip to Step 10.

8

Verify current work authorization status or, if the alien worker is deceased, work authorization at the time of death.

  1. a. 

    Ask for documentary evidence of the alien worker's current authorization to work in the U.S./work authorization at the time of death in accordance with RM 10211.420 and RM 10211.530.

    NOTE: Some alien categories, such as lawfully admitted permanent resident (LAPR), are automatically work authorized. For example, an LAPR alien with an I-551 (Permanent Resident Card) does not need a separate work permit document.

  2. b. 

    Click on the following link to the Administrative Confidential Memorandum ACM for evaluating these documents:

  3. c. 

    If the claimant has submitted acceptable evidence of the alien worker's current work authorization/work authorization at the time of death, obtain an online SAVE query in accordance with RM 10214.110 and MSOM INTRANET 002.001 .

  4. d. 

    If the online SAVE query does not verify that the alien worker is currently authorized to work in the U.S. or that they had work authorization at the time of death, request additional (secondary) verification from DHS in accordance with RM 10214.150 and RM 10214.170.

The G-845 is available on SSA electronic forms or via the following DHS link: http://uscis.gov/graphics/formsfee/forms/g-845.htm

  • •

    Enter the DHS office that services the SSAFO handling the claim for benefits. See RM 10214.200 to find the servicing DHS office.

    NOTE: The Office of International Operations should use the DHS office in Baltimore, Maryland if the claimant is filing for benefits from outside the U.S.

  • •

    Attach to the G-845 legible photocopies of the alien worker's current DHS immigration/work authorization document.

  • •

    Establish a 30-calendar day diary to control for receipt of the G-845 response from DHS.

  • •

    Use the G-845 Supplement in SI 00502.115G as needed if verification of lawful presence is also required in accordance with RS 00204.020.

Continue with Step 9.

9

Upon receipt of DHS' reply to the online SAVE query/G-845 request for verification of work authorization status from Step 8:

Does the alien worker have current authorization to work in the U.S., or, if deceased, did they have work authorization at the time of death?

  • •

    If YES, then the alien worker is considered to meet the “work SSN” requirement of Section 211 of the SSPA. Skip to Step 15 for determining whether the alien worker meets insured status based on their covered earnings.

  • •

    If NO, continue with Step 10.

10

Does the claimant allege that the alien worker was ever admitted to the U.S. as a visitor for business (DHS code “B-1”) or as an alien crewman (DHS code “D-1” or “D-2”)?

  • •

    If YES, Continue with Step 11.

  • •

    If NO, the alien worker does not meet the requirements of Section 211 of the SSPA. Skip to Step 18 for processing a disallowance.

11

Does the claimant allege that the alien worker has current or prior status as a B-1 truck driver from Canada?

  • •

    If YES, continue with Step 12.

  • •

    If NO, skip to Step 13.

12

Verify status as a B-1 truck driver from Canada:

DHS permits B-1 truck drivers from Canada to enter the U.S. without any immigration documents. Therefore, do not use the G-845 process described in Step 13 to verify status as B-1 (business visitor) for these workers. Instead, obtain the following documentation:

  • •

    Evidence of the alien worker's Canadian citizenship such as a Canadian birth certificate (see RM 10211.075); and

  • •

    A written statement from the alien worker's employer indicating whether the alien drove a truck in the U.S. for that company, and the applicable dates.

The employer statement and evidence of Canadian citizenship will serve as evidence of B-1 alien status for the purpose of Section 211 of the SSPA. See RS 00301.102F.7. for an example involving a B-1 Canadian truck driver.

CAUTION: This procedure only applies to B-1 truck drivers from Canada.

Skip to Step 14

13

Develop status as a B-1 (other than a Canadian truck driver), D-1, D-2 nonimmigrant as follows:

  1. a. 

    Ask for acceptable documentary evidence of the alien worker's current and/or prior status as a B-1, D-1, or D-2 nonimmigrant. Acceptable evidence includes the following documents:

    • •

      DHS Form I-94 (Arrival Departure Record); or

    • •

      DHS Form I-94 (Arrival Departure Record) in Unexpired Foreign Passport; or

    • •

      I-95A&B or I-95 (Crewman's Landing Permit); or

    • •

      I-184 (Alien Crewman Landing Permit and Identification Card);

      (NOTE: DHS no longer issues the I-184, however an alien may have a valid card in their possession that was previously issued by DHS); or

    • •

      Other document listed in RM 10211.135 and RM 10211.530 as evidence of B-1, D-1, or D-2 nonimmigrant categories.

    • •

      Click on the following link to the Administrative Confidential Memorandum ACM for evaluating these documents.

      NOTE: The alien may not have an immigration document as evidence of prior status as a B-1, D-1, or D-2 nonimmigrant. Also, a person with prior admission to the U.S. as a B-1, D-1, or D-2 could file a claim for benefits at a Foreign Service Post in their home country, rather than at a FO in the U.S. In this situation, the alien worker would not have a current immigration document.

  2. b. 

    If the claimant has submitted acceptable evidence of the alien worker's current status as a B-1, D-1, or D-2 nonimmigrant, obtain an online SAVE query in accordance with RM 10214.110 and MSOM INTRANET 002.001 to verify the alien worker's current B-1, D-1, or D-2 status. If the online SAVE query does not verify the alien worker's current B-1, D-1, or D-2 nonimmigrant status, get additional (secondary) verification in accordance with d., of this step.

  3. c. 

    Ask the claimant to list all periods for which the alien worker may have been admitted to the U.S. as a B-1, D-1, or D-2 nonimmigrant.

  4. d. 

    If the claimant alleges the alien worker has current and/or prior status as a B-1, D-1, or D-2 nonimmigrant that is not verified via the online SAVE query, prepare a G-845 (Document Verification Request) to request additional verification of alien status from DHS as follows:

    • •

      The G-845 is available on SSA electronic forms or via the following DHS link: https://www.uscis.gov/sites/default/files/document/forms/g-845.pdf

    • •

      Enter the DHS office that services the SSAFO handling the claim for benefits. See RM 10214.200 to find the servicing DHS office.

      NOTE: The Office of International Operations should use the DHS office in Baltimore, Maryland if the claimant is filing for benefits from outside the U.S.

    • •

      In item 7 of Section A of the G-845, indicate the alleged nonimmigrant status (B-1, D-1, or D-2) and all periods for which such status may be applicable. If necessary, attach a separate sheet listing these periods with the alien worker's known identifying data: name, DHS admission number (if known), date of birth, and address.

    • •

      IMPORTANT: Include a statement on the G-845 that it is only necessary for DHS to positively verify (i.e. establish) one period of admission to the U.S. as a B-1, D-1, or D-2 nonimmigrant.

    • •

      Attach to the G-845 legible photocopies of the alien's current DHS Form I-94 (Arrival/Departure record) in an Unexpired Foreign Passport, I-95, I-184, or other immigration document if available.

    • •

      Establish a 30-calendar day diary to control for receipt of the G-845 response from DHS.

    • •

      Use the G-845 Supplement in SI 00502.115G as needed if verification of lawful presence is also required in accordance with RS 00204.020.

    Continue with Step 14.

14

Upon receipt of DHS' reply to the online SAVE query/G-845 verification request from Step 13, or the B-1 documentation for a Canadian truck driver from Step 12:

Does the documentation/verification establish any one period of the alien worker's status as a B-1, D-1, or D-2 nonimmigrant?

  • •

    If YES, the alien worker meets the requirements of Section 211 of the SSPA. Continue with Step 15 for determining insured status.

  • •

    If NO, the alien worker does not meet the requirements of Section 211 of the SSPA. Skip to Step 18 for disallowance processing.

15

Determine whether the alien worker meets the applicable insured status test(s).

Determine insured status by using all of the alien worker's covered earnings and the applicable insured status test(s) found elsewhere in this subchapter. See RS 00301.101B. for which test(s) is applicable for each type of benefit. Refer to RS 00301.250 for the amounts needed for a QC for calendar years after 1977. Obtain acceptable evidence of earnings and resolve gaps in the earnings record and all other earnings discrepancies in accordance with existing procedures.

Does the alien worker meet the applicable insured status test(s) for the type of benefit being sought?

  • •

    If YES, continue with Step 16 for processing an award, provided all other requirements for entitlement are met.

  • •

    If NO, skip to Step 17 for processing a “regular” insured status disallowance.

16

Award: Alien worker meets the requirements of Section 211 of the SSPA and all other requirements for insured status and benefit entitlement.

If a claimant seeking benefits based on the alien worker's earnings record (including the alien worker) meets all of the requirements for entitlement, take the following actions to process an award:

  1. a. 

    If the alien worker has not yet been assigned an SSN, take action to assign an SSN and if appropriate, issue an SSN card:

    • •

      If the alien worker is currently a legal alien with work authorization, issue an SSN card for work purposes in accordance with RM 10201.055, RM 10211.025, RM 10211.420, or RM 10211.530 as appropriate.

    • •

      If the alien worker is currently a legal alien who is not authorized to work in the U.S., issue an SSN card for nonwork purposes in accordance with RM 10211.600. (Applies only if the requirements of section 211 were met by reason of the alien worker's status as a B-1, D-1, or D-1 nonimmigrant.)

    • •

      If the alien worker is currently an undocumented alien, issue an SSN card for nonwork purposes in accordance with RM 10211.500. (Applies only if the requirements of Section 211 were met by reason of the alien worker's status as a B-1, D-1, or D-2 nonimmigrant.)

    • •

      If the alien worker is deceased, follow RM 10225.080.

  2. b. 

    Resolve all earnings discrepancies in accordance with established procedures. Use the Item Correction Process (IC) to move wages from the suspense file or other records to the alien worker's earnings record, as appropriate. (See MSOM EM 010.002 .)

  3. c. 

    Process the Title II award through MCS/EC provided no other systems limitations apply.

  4. d. 

    If the alien worker is entitled based on admission to the U.S. as a B-1, D-1, or D-2 nonimmigrant, list the case under code 291-- “Section 211 SSPA Nonimmigrant B-1/D-1/D-2 award.”

17

“Regular” insured status disallowance—Alien worker meets the requirements of Section 211 of the SSPA, but does not have enough QCs to meet the applicable insured status test(s).

Take the following actions to process a disallowance:

  1. a. 

    Resolve all earnings discrepancies in accordance with existing procedures.

  2. b. 

    If the alien worker does not have an SSN for work purposes, but they are either:

    • •

      Currently a legal alien with work authorization; or

    • •

      Deceased, but they had work authorization at the time of death,

    assign an SSN and issue an SSN card for work purposes in accordance with RM 10220.350, RM 10211.025, RM 10211.420, RM 10211.530, or RM 10225.080 (deceased worker) as appropriate.

  3. c. 

    Process an insured status disallowance:

    • •

      If the alien worker has an SSN, process the Title II insured status disallowance through MCS/EC provided no other systems limitations apply. See GN 01010.440 for more information about insured status disallowances.

    • •

      If the alien worker does not have an SSN, and one cannot be assigned in accordance with RM 10211.600, RM 10211.500, RM 10225.080 (deceased worker), or RM 10211.530, process the case as an “abandoned claim” in accordance with GN 01010.420D.

  4. d. 

    If necessary, add the appropriate insured status disallowance paragraphs to the notice. See NL 00720.190 and RS 00301.102E.2. for MADCAP/manual insured status disallowance paragraphs.

18

Disallowance–-Alien worker does not meet the requirements of Section 211 of the SSPA.

Take the following actions to process a disallowance:

  1. a. 

    Resolve all earnings discrepancies in accordance with existing procedures.

  2. b. 

    Prepare a manual disallowance notice for the NH and any auxiliary/survivor claimants. Include the paragraph in RS 00301.102E.1. in the notice.

  3. c. 

    If the alien worker has an SSN, take the following actions:

    • •

      Exclude the case from MCS/EC processing.

    • •

      Process a manual disallowance in accordance with GN 01010.440 through MADCAP/MACADE using the disallowance code 090 for DIB claims and 026 for RSI claims. See SM 00805.400 for processing MADCAP disallowances.

    • •

      List the case under code 292--“Sec 211 SSPA Not Met.”

  4. d. 

    If the alien worker does not have an SSN, and one cannot be assigned in accordance with RM 10211.600, RM 10211.500, or RM 10225.080 (deceased worker) take the following actions to disallow the claim:

    • •

      Process the case as an “abandoned claim” in accordance with GN 01010.420D.

    • •

      Email a copy of the disallowance notice and any alien status documentation to OISP.OAESP.Controls@ssa.gov. Address the email cover sheet to:

      SSA-Office of Income Security Programs

      Office of Application and Electronic Services Support Policy

      Aliens and Computations Team

      Sec 211 SSPA Coordinator

E. Procedure — disallowance notices

Follow RS 00301.102E.1 to prepare a manual disallowance notice when the alien worker does not meet the requirements of Section 211 of the SSPA.

Follow RS 00301.102E.2. to prepare a manual disallowance notice with the appropriate paragraph(s) when:

  • •

    The alien worker meets the requirements of Section 211 of the SSPA; but

  • •

    They do not meet the applicable insured status test(s) for the type of benefit being sought; and

  • •

    The disallowance cannot be processed via MCS/EC.

1. Disallowance - alien worker does not meet requirements of SSPA 04

Use the Document Processing System (DPS) to prepare a manual disallowance notice when the alien worker does not meet the requirements of Section 211 of the SSPA. Follow these steps:

  1. a. 

    Under the “Initial Claim” menu select the template titled “Disallowance - Title II misc. reason.”

  2. b. 

    Select the first optional paragraph titled “Disallowed under Section 211 of the SSPA of 2004 (DSL008).”

  3. c. 

    Use the MADCAP disallowance paragraphs in RS 00301.102E.2. below from NL 00720.190, as appropriate.

2. Disallowance — alien worker does meet the requirements of SSPA 04 but is not insured — MCS/EC exclusion applies

Use DPS to prepare a manual notice when the alien worker does meet the requirements of Section 211 of the SSPA but they do not meet the applicable insured status test(s) for the type of benefit being sought and the disallowance cannot be processed via MC/EC. Follow the steps:

  1. a. 

    Under the “Initial Claim” menu select the template titled “Disallowance - Title II misc. reason.”

  2. b. 

    Use the MADCAP disallowance paragraphs below from NL 00720.190, as appropriate.

Paragraph Number

Title

Special Considerations

INS018 Q02

No benefits payable – Not enough quarters earned

Use for the worker's or claimant’s notice.

INS008 Q05

No benefits payable—Not enough quarters earned based on DOB

Use for the worker's or claimant’s notice.

INS018 (Q02)

No benefits payable — Not enough quarters earned

Use for the worker’s or spouse's notice for life claim.

INS004 (Q14)

Survivor benefits not payable – Deceased did not have enough quarters.

Use for survivor notice.

Deceased worker does not meet currently or fully insured status.

INS005 (Q15)

Benefits not payable- Did not work long enough under U.S. Social Security System

Use for the worker's or claimant’s notice.

INS007 (Q17)

Benefits Not Payable – Not enough quarters to be fully or currently insured

Use for the survivor’s notice.

INS006 (Q18)

NH not insured for Medicare

Use for worker, spouse, or child filing for ESRD Medicare benefits.

INS017 (Q22)

Spouse or child claimant – NH not insured for Medicare based on unproven DOB

Use for spouse or child filing for ESRD Medicare benefits.

F. Examples

1. Alien worker has prior but not current work authorization

Lucinda P. was first assigned their SSN and was issued an SSN card for work purposes on 2/13/2004 based on temporary work authorization from DHS as an L-2 (nonimmigrant spouse of an alien corporate executive). The temporary work authorization expired on 2/12/2005. They file for RIB on 3/25/2005. At the time of filing for RIB, they are a legal alien as an L-2 nonimmigrant, but do not have current authorization to work in the U.S. Since Lucinda's SSN was first assigned on or after January 1, 2004, we must determine whether they meet one of the requirements for entitlement under Section 211 of the SSPA.

SSPA: Since Lucinda was properly issued a valid SSN card for work purposes, they are exempt from the prohibition on entitlement under Section 211 of the SSPA, even though they are not currently authorized to work in the U.S. However, Lucinda must meet fully insured status (RS 00301.105) in order to be entitled to RIB. All of their covered earnings may be used to determine fully insured status, regardless of their current immigration status or status at the time they earned the QCs.

Lawful Presence: As an L-2 nonimmigrant, Lucinda is lawfully present in the U.S. Therefore, if they meet all of the requirements for entitlement to RIB, they can receive payment of their benefit.

2. Deceased alien undocumented worker without SSN — treatment of survivors

John W. entered the U.S. without being inspected by the immigration authorities (i.e., they were an undocumented alien). They worked in the U.S. for 12 years without authorization from the U.S. immigration authorities (DHS, formerly INS). They paid FICA taxes on all of their earnings, which are covered earnings for Social Security purposes. John W. died on 3/15/04. Their widow, who is lawfully residing in the U.S., and their minor U.S. citizen children filed for survivor's benefits on 3/20/04. The deceased worker was never assigned an SSN.

Prior to the enactment of the SSPA, the Social Security field office would have assigned an SSN to John W. posthumously since the widow and minor surviving children appeared eligible for survivor's benefits. That is, per RM 10225.080, SSA would have assigned an SSN to John W. as a deceased undocumented alien worker because (1) the survivors would have been found eligible for a Federally funded benefit—the Title II Social Security survivor's benefits—and (2), an SSN (for the worker) was a requirement for receiving that benefit.

However, under the SSPA, since John W. was never assigned an SSN when they were alive and any posthumously assigned SSN would have to have been assigned on or after 01/01/2004, we must determine whether John W. met one of the requirements under Section 211 of the SSPA:

  • •

    Were they ever assigned an SSN and issued an SSN card for work purposes, (RS 00301.102B.4.) or could they be assigned a “work authorized” SSN posthumously (RM 10225.080)?; or

  • •

    Were they ever admitted to the U.S. as a B-1, D-1, or D-2 nonimmigrant (RS 00301.102B.5.)?

In this case, John W. did not meet either requirement. Therefore, John W. does not meet insured status because they did not meet one of the alternative insured status requirements of Section 211 of the SSPA. This is true even though it appears that they have enough QCs for currently or fully insured status. All entitlement based on John W's earnings is precluded.

Since all entitlement based on John W.'s earnings is precluded under Section 211 of the SSPA, their survivors cannot be entitled on their record. SSA would not posthumously assign an SSN to them merely to process the denial of benefits (see RM 10225.080). Therefore, the alien worker's widow and the surviving children must be disallowed using the “abandoned claim” procedures described in Step 18d of RS 00301.102D.

Alternative Scenario: If John W. had work authorization status at the time of their death, but had never been assigned an SSN or issued an SSN card for work purposes, the insured status requirements of section 211 of the Social Security Protection Act of 2004 would be met. See RS 00301.102B.4.b. In this case, determine whether or not they have enough QCs to meet insured status in accordance with Step 15 in RS 00301.102D. If John W. had enough QCs to meet insured status, and all other requirements for the survivors' entitlement were met, then we would assign an SSN to John W. posthumously and process an award for the survivor claim in accordance with Step 16 in RS 00301.102D.

3. Undocumented alien worker whose SSN was assigned before 1/1/04, never had “work SSN” or admission as nonimmigrant

Yelena entered the U.S. as a tourist on 4/13/93. Their tourist nonimmigrant status expired 10/12/93; but they stayed on in the U.S. after that date without permission from DHS. Thus, after 10/12/93, Yelena is in the U.S. as an undocumented alien. While in the U.S., they had a daughter, Camille, who is a U.S. citizen by birth. Yelena worked without authorization from the DHS (formerly INS) under Camille's SSN for 10 years.

Yelena became disabled on 11/02/2003. They filed for DIB benefits for themselves and child's benefits for Camille on 11/13/2003. Yelena can be entitled to DIB benefits based on primary evidence of wages, resolution of the scrambled earnings, and evidence that they met all factors of entitlement, including DIB insured status. Section 205(c)(2)(F) of the Social Security Act requires a person to have an SSN as a condition for receipt of Title II benefits. If no such number has been assigned, the claimant must apply for an SSN.

SSA assigned an SSN for nonwork purposes to Yelena on 12/31/2003 in accordance with RM 10211.500 since (1) they were found eligible for a Federally funded benefit (Title II DIB) and (2) having an SSN is a requirement for receipt of that benefit. Since Yelena is entitled to DIB, Camille can be entitled to child's benefits based on Yelena's earnings record.

SSPA: Since Yelena's SSN was assigned before 01/01/2004, they do not have to meet one of the insured status requirements in Section 211 of the SSPA (see RS 00301.102B.4. or RS 00301.102B.5.) in order to establish entitlement for themselves or Camille. See Step 5 in RS 00301.102D.

Lawful Presence: However, since Yelena is an alien who filed for benefits on or after 12/01/96, they must meet the lawful presence requirement in RS 00204.010 and EM 98-002 dated 1/7/98 in order to receive payment of the DIB benefit to which they are entitled. Since Yelena is not in any immigration status that is considered lawfully present, their DIB benefits must be suspended effective with the first MOET. Camille's benefits are not suspended since they are a U.S. citizen.

4. SSN assigned on or after 1/1/2004: alien NH has “work SSN,” prior status as undocumented alien

Distaff entered the U.S. without inspection (i.e., they were an undocumented alien) on 4/16/97. They worked without authorization from DHS for several years in covered employment using their sibling's name and SSN. They applied for admission as a lawfully admitted permanent resident alien (LAPR) and were granted LAPR status on 3/13/04. Gustav applied for an SSN on 4/27/04 and was assigned an SSN and issued an SSN card for work purposes on 5/12/04. They became disabled on 6/22/04. Gustav, their spouse and children applied for Title II benefits on 6/30/04. The children are U.S. citizens; the spouse is LAPR.

Gustav's own SSN was originally assigned on or after 1/1/04; therefore, we have to determine whether they meet the requirements of Section 211 of the SSPA. Since Gustav had been issued an SSN card for work purposes on 5/14/04, they meet the requirements of Section 211 of the SSPA (See Step 6 in RS 00301.102D.). Therefore, determine whether Gustav meets DIB insured status (RS 00301.120) using all of Their covered earnings, including wages and/or self-employment income earned while they worked illegally under their sibling's SSN. Take the necessary corrective action to move Gustav's earnings as an undocumented alien from their sibling's record and/or the suspense file to the earnings record for their own SSN. (See RM 03870.045, for how to resolve scrambled earnings. Refer to RM 03816.016B. and RM 03870.048 for documentation needed to transfer earnings from the incorrect record to the correct record.)

All of Gustav's covered earnings may be used to establish QCs and to determine insured status. If Gustav meets the applicable insured status test(s), process an award in accordance with Step 16 in RS 00301.102D. If they do not meet the insured status test(s), process an insured status disallowance in accordance with Step 17 in RS 00301.102D.

NOTE: Gustav's spouse and children can be entitled if Gustav is entitled to benefits. Also, Gustav and their spouse must meet the lawful presence requirement if they are in the U.S. (See RS 00204.010.)

5. SSN assigned on or after 1/1/2004: alien NH never had work SSN, has prior status as D-1 alien crewman

Kismet, a former D-1 alien, has worked as a flight attendant for Paradise Blue Airlines for several years. They have never been assigned an SSN, nor were they ever issued an SSN card for work purposes. They turned age 62 on 03/22/05 and filed for RIB. According to Steps 10 and 13 c in RS 00301.102D, Kismet alleged that they have many prior periods of status as a D-1 “alien crewman” nonimmigrant. They surrendered their most recent I-95A&B the last time they were in the U.S., in November of 2004. Therefore, they have no current immigration document that is indicative of D-1 status. Kismet listed their period of D-1 status in accordance with Step 13 c in RS 00301.102D. as follows:

Alleged periods of Kismet's admission

to the U.S. as a D-1 nonimmigrant

04/01/90-04/29/90

07/01/90-08/29/90

11/02/90-11/30/90

 

(no D-1 status in 1991)

 

02/01/92-03/01/92

05/01/92-05/01/92

08/02/92-08/30/92

 

02/02/93-03/01/03

06/03/93-07/01/93

12/02/93-12/30/93

 

05/01/94-05/29/94

06/01/94-06/29/94

08/02/94-08/30/94

 

(no D-1 status in 1995)

 

02/01/96-02/29/96

04/02/96-04/30/96

06/02/96-06/30/96

02/01/97-03/01/97

07/01/97-07/29/97

10/01/97-10/29/97

12/01/97-12/29/97

 

01/02/98-01/30/98

03/01/98-03/29/98

05/01/98-05/29/98

07/01/98-07/29/98

 

01/02/99-01/30/99

03/01/99-03/29/99

05/01/99-05/29/99

07/01/99-07/29/99

 

01/02/00-01/30/00

03/01/00-03/29/00

04/01/00-04/29/00

05/01/00-05/29/00

07/01/00-07/29/00

 

 

01/02/01-01/30/01

03/01/01-03/29/01

05/01/01-05/29/01

07/01/01-07/29/01

 

01/02/02-01/30/02

03/01/02-03/29/02

05/01/02-05/29/02

07/02/02-07/30/02

 

01/02/03-01/30/03

03/01/03-03/29/03

06/01/03-06/29/03

07/01/03-07/29/03

 

01/02/04-01/30/04

04/01/04-04/29/04

05/01/04-05/29/04

07/01/04-07/29/04

11/01/04-11/29/04

 

 

The adjudicator prepared a Form G-845 in accordance with Step 13d of RS 00301.102D requesting DHS to verify Kismet's status as a D-1 alien crewman and attached the list of their alleged periods of status as D-1 nonimmigrant. The SSA adjudicator indicated on the Form G-845 that positive DHS verification was needed for only one period of nonimmigrant status. DHS verified Kismet's most recent alleged period of D-1 status (Step 14 in RS 00301.102D.). Therefore, Kismet meets the requirements of Section 211 of the SSPA.

The SSA adjudicator obtained the necessary evidence of Kismet's wages from their employers, including Paradise Blue Airlines. (All of their earnings are in the suspense file since they do not have an SSN). The adjudicator determines that Kismet meets fully insured status based on all of their covered earnings (Step 15 of RS 00301.102D.). In addition, the adjudicator determined that they meet all of the other requirements for entitlement to RIB.

Since Kismet can be entitled to benefits, SSA assigned them an SSN, issued an SSN card for nonwork purposes, and awarded benefits in accordance with Step 16 in RS 00301.102D. In addition, the adjudicator moved Kismet's wages from the suspense file to the record for their newly assigned SSN based on acceptable evidence of wages.

6. ESRD claim for U.S. citizen minor child: parent is undocumented alien, neither parent has an SSN

Rocky and Oksana entered the U.S. in 1990 without inspection from the immigration authorities (i.e., as undocumented aliens). Oksana never worked outside the home. While in the U.S., Oksana gave birth to a child, Jessica. Since Jessica was born in the U.S., they are a U.S. citizen by birth. Rocky and Oksana were never assigned SSNs. Rocky worked steadily at many low paying jobs to support their family.

In February 2004, doctors diagnosed Jessica with ESRD. The hospital social worker helped Rocky and Oksana file for ESRD Medicare benefits for Jessica. Under the existing Medicare rules, a minor child can be entitled to Medicare for ESRD if the parent is fully or currently insured (see HI 00801.201). The SSA adjudicator identified earnings in the suspense file for Rocky that would normally give them more than 40 QCs.

To determine whether Jessica can get Medicare based on ESRD, the adjudicator must determine whether their parent, Rocky, meets fully or currently insured status. To do this, the adjudicator must first determine whether Rocky (an alien worker) is subject to Section 211 of the SSPA. Refer to Step 5 in RS 00301.102D. Since Rocky did not have an SSN as of 01/01/2004, and any SSN that might eventually be assigned to them would be assigned after 01/01/2004, Rocky is subject to Section 211 of the SSPA.

Next, the adjudicator must determine whether Rocky meets the requirements of Section 211 of the SSPA in accordance with Steps 6 through 14 in RS 00301.102D. Since Rocky was never issued an SSN card for work purposes nor were they ever admitted to the U.S. as a B-1/D-1/D-2 nonimmigrant, they do not meet the requirements of the SSPA. Therefore, under Section 211 of the SSPA, Rocky does not meet fully or currently insured status, even though they have enough covered earnings that would have given them more than 40 QCs. Because Rocky does not meet an insured status requirement under the Section 211 of the SSPA, the ESRD claim for Jessica must be disallowed. (Refer to Step 18, RS 00301.102D.).

NOTE: Jessica's own citizenship or alien status does not affect whether they can be entitled to ESRD Medicare benefits based on their parent's record.

7. Canadian B-1 — commercial truck driver

Cyril Connolly drove a truck for Chansons Roulantes, Ltd., a Canadian music-box distribution company. They delivered hand-made music boxes to WorldMart stores across the border in the U.S. once a week. Under DHS policy, commercial truck drivers from Canada are allowed to enter the U.S. as B-1 visitors for business without any immigration documentation. Therefore, Cyril was waived through inspection at the border. They have no immigration documentation for their current or prior admissions as a Canadian truck driver, nor were they ever assigned an SSN. Cyril's employer filed W-2s reporting their U.S. covered employment (i.e., the work they performed while driving the truck in the U.S.).

 

Cyril retired on 6/15/04 and is lawfully present in the U.S. Since Cyril has no SSN as of January 1, 2004, They are automatically subject to Section 211 of the SSPA. Also, since Cyril was never issued an SSN card for work purposes, the only way they can be entitled to a Title II benefit is if they were ever admitted to the U.S. as a B-1, D-1, or D-2 nonimmigrant and meets the applicable insured status test(s).

Because of the unique DHS policy of not issuing any immigration documents to B-1 Canadian truck drivers, SSA must take a different approach to determine whether these workers meet the requirements for insured status under Section 211 of the SSPA. Therefore, in accordance with Steps 11 and 12 of RS 00301.102D., the adjudicator obtained a written statement from Cyril's former employer, Chansons Roulantes, Ltd., confirming that they drove a truck and made deliveries to U.S. customers and the approximate dates of employment. (The adjudicator also obtained documentary evidence of earnings at this time.) Cyril submitted their Canadian birth certificate to establish that they are a Canadian citizen (see RM 10211.075). Their U.S. covered earnings are in the suspense file since they have never been assigned an SSN.

Based on the written statement from the employer and evidence of Canadian citizenship, establish B-1 nonimmigrant status for Cyril. Since they had been admitted to the U.S. as a B-1, D-1, or D-2 nonimmigrant, Cyril meets the requirements of Section 211 of the SSPA. Therefore, determine whether they meet insured status in accordance with Step 15 of RS 00301.102D.

Under the usual insured status test, Cyril needs 40 QCs to meet fully insured status for RIB.

  • •

    If Cyril has enough QCs based on all of their covered earnings to meet fully insured status for RIB and all other requirements for entitlement, assign them an SSN and issued an SSN card for nonwork purposes in accordance with RM 10211.075 and RM 10211.600. Process an award in accordance with Step 16 in RS 00301.102.D.

  • •

    If Cyril does not have enough QCs using all of their covered earnings to meet fully insured status for RIB, disallow the claim in accordance with Step 17 in RS 00301.102D. In this scenario, since Cyril is not entitled to a Federally funded benefit, they cannot be assigned an SSN or issued a nonwork SSN card. Since they cannot be assigned an SSN, use the “abandoned claim” procedure in Step 17c., second bullet, to process the disallowance.

8. Alien assigned nonwork SSN/issued nonwork SSN card before 1/1/2004

Catherine, age 18, entered the U.S. as a nonimmigrant on 02/14/00. They were a legal alien not allowed to work. While in the U.S., Catherine applied for a driver's license from the State of Pennsylvania on 04/03/00. At that time, the State of Pennsylvania required a person to have an SSN in order to issue a driver's license. To meet the State's requirement, they applied for an SSN on 04/05/00. SSA's enumeration procedures in place at the time allowed for the assignment of an SSN and issuance of an SSN card for nonwork purposes to an alien who applied for a driver's license from a State that required an SSN for driver's licenses. In keeping with this policy, SSA assigned them an SSN and issued them an SSN card for nonwork purposes on 6/12/00.

(NOTE: SSA changed this policy on 10/27/2003: needing an SSN to obtain a driver's license is no longer a valid reason for assigning an SSN/issuing an SSN card for nonwork purposes. See RM 10211.600.)

Even though they were not authorized to work in the U.S., Catherine began to work in this country without DHS authorization. Their wages were covered for Social Security purposes. Catherine's nonimmigrant status expired on 8/13/00. They remained in the U.S. as an undocumented alien and continued to work without DHS authorization. On 4/15/04, Catherine became disabled. They filed for DIB on 5/21/04.

SSPA and Insured Status: Since Catherine's SSN was first assigned before 1/1/2004, they are exempt from the requirements of Section 211 of the SSPA (see Step 5 of RS 00301.102D). This is true even though they are an undocumented alien who are not allowed to work in the U.S. Based on their covered earnings, Catherine met special insured status for disabled workers under age 31.

Lawful Presence: Catherine's DIB benefits must be suspended since they are not lawfully present in the U.S. See RS 00204.010.

G. References

Topic

Reference

Legends on Social Security Card Relating to Work Authorization

RM 10201.055

Evidence codes (IDN) on the NUMIDENT

RM 10235.005

Evidence of Nonimmigrant Status for an SSN Card

RM 10211.135

Evidence for an SSN for a legal alien who is not allowed to work

RM 10211.600

Evidence for an SSN for an undocumented alien

RM 10211.500

List of Documents Establishing Lawful Alien Status for an SSN Card

RM 10211.530

Where to Mail Form G-845

RM 10214.200

Using the SAVE query

RM 10214.110

Wrong Number SS-5 Cases

RM 10220.350

Assigning SSN to deceased worker

RM 10225.080

Coding on the NUMIDENT

RM 10235.005

Scrambled Earnings

RM 03870.048

Evidence of Identity

GN 00203.020

Who is a Citizen or National of the U.S.

GN 00303.120

Evidence of U.S. citizenship

GN 00303.300

Disallowance for Abandoned Claim (i.e., worker has no SSN)

GN 01010.420

Insured Status disallowances

GN 01010.440

Overview of Totalization Benefits

GN 01701.100

Verification of lawful presence in the U.S.

RS 00204.020

Evidence of Lawful Presence in the United States

RS 00204.025

Insured Status—Overview

RS 00301.101

Fully Insured Status

RS 00301.105

Currently Insured Status

RS 00301.110

DIB Insured Status

RS 00301.120

Freeze Insured Status Requirements

RS 00301.130

Special Insured Status for Disability Before Age 31

RS 00301.140

Special Insured Status Requirements for Subsequent Periods of Disability - NH Over Age 31

RS 00301.147

Date Last Insured (DLI)

RS 00301.148

Insured Status for Statutory Blindness

RS 00301.150

Amounts needed for a QC for years after 1977

RS 00301.250

Definition of Wages

RS 01401.005

Wage Evidence Policy

RS 01403.005

Primary Evidence of Wages

RS 01403.010

Statement of Employer as evidence of wages

RS 01403.013

How to request a Statement of Employer

RS 01403.035

Use of Form W-2/W-2C as Evidence of Pre-lag Wages

RS 01403.040A.3. and RS 01404.175A.1.a

Secondary Evidence of Wages

RS 01403.050

Developing Gaps in the Earnings Record

RS 01404.003B.6., RS 01404.105B.2., and RS 01404.120

Supplement to the G-845

SI 00502.115G.

Insured Status for Medicare

HI 00801.001A., HI 00801.006

Insured Status for Medicare based on ESRD

HI 00801.191C., HI 00801.201

Obtaining a DEQY

MSOM QUERIES 003.005

Obtaining a SAVE Query

MSOM INTRANET 002.001

Resolving earnings discrepancies through the Item Correction (IC) Process

MSOM EM 010.002
To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0300301102
RS 00301.102 - Additional Requirements for Alien Workers- Social Security Protection Act of 2004 - 07/30/2024
Batch run: 12/17/2024
Rev:07/30/2024