If DRAMS and Numident identifying information disagree as to name, sex identification, place of birth and/or date of birth and it is obvious the NH whose SSN was associated with DRAMS is not the same person as the individual removed:

1. a. 

   Have the incorrect DRAMS entry deleted (see RS 02635.005C.2.);

2. b. 

   Attempt to locate the removed person's correct SSN record by querying the Alpha-Index file;

3. c. 

   If located, show the correct SSN on the DRAMS deletion request prepared under RS 02635.015C.1.a.;

4. d. 

   Based on the correct SSN, check to see if the removed NH is receiving retirement or disability benefits (see RS 02635.001D.1.) or SSI payments (see RS 02635.001E.4.). If so, notify the Program Service Center or field office for possible suspension action.

If disagreements between Numident and DRAMS identifying information (i.e., name, sex identification, date of birth, place of birth, etc.) cast doubt as to whether the removal report applies to the NH whose SSN was associated with the DRAMS removal report, take the following actions:

1. a. 

   Search the Alpha-Index file to determine if the NH on another record with similar identifying information is more likely to be the person removed. If so, have the DRAMS data deleted from the record where it was incorrectly associated and transferred to the removed person's correct SSN per RS 02635.005C.2. (Also see RS 02635.015C.1.d. for determining if the removed NH is receiving Title II retirement or disability benefits or SSI payments.)

2. b. 

   If the Alpha-Index search is inconclusive, advise the NH (or survivor) of the removal report.

3. c. 

   Obtain a statement of explanation if the NH (or survivor) disagrees with the removal report.

4. d. 

   Obtain available evidence to support any claims that the NH and the person removed are not one and the same person.

5. e. 

   Follow RS 02635.015C.3. if SSA records show a person reported as removed was born in the United States.

In some cases, DRAMS and Numident information may agree substantially except that DRAMS shows the NH was born abroad while the Numident on the SSN associated with DRAMS (and, possibly, other evidence of age) shows they were born in the United States. If the NH (or survivor) agrees with the Numident and denies the removal:

1. a. 

   Verify that a U.S. record of birth exists for the NH at the State Bureau of Vital Statistics level, regardless of other evidence of birth which may have been submitted.

2. b. 

   Initiate a search for a death record if there is any indication that the removed person may be using the SSN of a deceased NH.

3. c. 

   If evidence at the State level supports the NH's U.S. birth (and the removal report does not belong to the NH) follow the steps in RS 02635.015C.1. to correct the DRAMS file.

4. d. 

   If a U.S. record of birth does not exist at the State level, follow steps RS 02635.015C.2.b. through RS 02635.015C.2.d.

5. e. 

   If it is determined that the NH was actually born outside the United States, suspend benefits under the removal provisions and develop for valid evidence of age and fraud, if necessary.

On occasion, a NH will disclaim a DHS report of removal and claim that the person who was actually removed was carrying their identity papers at the time of DHS apprehension (probably due to earlier loss or theft of wallet, etc.) Obtain any evidence available to support such a claim. The presence of an alias on the DRAMS file would provide some support (absent any evidence to the contrary), particularly if the name of the person removed and the alias are completely different. See RS 02635.025 on coordinating with DHS if evidence to support a claim of identity theft is insufficient.

A NH will occasionally question the existence of a formal removal order alleging that they were permitted by DHS to leave the United States voluntarily within a certain specified period of time. See RS 02635.015E.3. on voluntary departure and RS 02635.025 on coordinating with DHS if a removal order is questioned for this or some other legal, procedural or administrative reason.

In cases where it is finally determined that the NH is not the person removed or a removal order did not exist, have the DRAMS entry deleted according to the instructions in RS 02635.005C.2.

This can be an indication that DHS failed to send SSA the record of removal or that SSA failed to input the report properly.

In some cases, NHs mistakenly assume they were formally removed when in reality DHS directed their departure from the United States without issuance of a formal removal order or participation in actual removal proceedings. For suspension under section 202(n) to apply, the NH must have been issued a formal order of removal as a result of a hearing before an Immigration Judge.

Certain aliens are given the option of “voluntary departure.” This means they are permitted to leave the United States voluntarily (in lieu of having a removal order issued against them) if they have the resources to make the trip abroad and they depart within a certain specified time. Those who accept this option and leave on time are not considered by DHS to have been removed. However, be sure to consider the application of the Alien Non-Payment Provisions (See RS 02610.000.)

Aliens who leave the United States on their own while under a formal order of removal and without having been given the option of “voluntary departure” are generally considered to have removed themselves and are subject to suspension under the SSA removal provisions (section 202(n)) as long as they were not ordered removed under grounds that except them from suspension (see RS 02635.001D.1. EXCEPTIONS).

Suspension under section 202(n) of the Act applies to aliens deported or removed under any of the sections of the INA listed in RS 02635.001C.