If contact with the claimant is necessary to secure additional evidence, contact the claimant to request complete address information. If the DDS is unable to obtain complete address information, request assistance from the FO. If the claimant cannot be located, see Whereabouts Unknown and Failure to Cooperate (FTC) DI 23005.000 and Whereabouts Unknown (WU) Cases DI 28075.005.

For instruction on determining jurisdiction in CDR cases, see Social Security Administration (SSA) and Disability Determination Services (DDS) Jurisdictions for Continuing Disability Cases DI 20101.015.

For CEF transfers, follow the instructions in:

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  DI 81020.125 – Electronic Case Routing Before Final Determination

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  DI 81020.127 – Processing “No Determination” Claims;

For MDF transfers, follow the instructions in:

• •

  DI 32005.020 – “No Determination” Routing.

NOTE: A Supplemental Security Income (SSI) claim must have a Social Security number (SSN) before it can be transferred. If the SSN is still pending, call the FO for status and advise that the SSN is needed before transferring the claim

In the following examples, transfer of the case may not be necessary:

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  Records submitted at the time of application are sufficient to make a determination;

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  Terminal illness (TERI), Quick Disability Decision (QDD), or Compassionate Allowance (CAL) cases, where records are, or will be, forthcoming;

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  The allegations indicate that the requested medical records will likely result in an allowance (e.g., intellectual disability, or Down syndrome - Trisomy 21);

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  Significant processing delays are not anticipated; or

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  Additional evidence from a foreign source will not be required to adjudicate the case.

NOTE: The above guidance may also apply to Military Casualty claims where DDS could retain jurisdiction even if the claimant moves to a foreign country in order to expedite processing of the claim.

References:

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  DI 81020.080 – Certified Electronic Folder (CEF) Alerts

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  DI 10005.010 – Field Office (FO) and Disability Determination Services (DDS) Exchange of Information and Coordination of Actions.

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  DI 81010.250 – Beneficiary Moves to Another State before Electronic Continuing Disability Review (eCDR) Determination is Final

If the claimant changes his or her permanent residence to another state, the DDS may transfer the claim to the DDS in the new state of permanent residence to prepare the disability determination. Transfer is not mandatory and should be considered on a case-by-case basis. Service to the claimant is the top priority and should always be considered before initiating a transfer.

When a claimant leaves the State before the DDS makes a disability determination and files in another State for a different type of disability benefit, the DDS in the claimant’s new State of residence has jurisdiction to make a disability determination. However, if the DDS that has jurisdiction of the first claim is ready to make a timely determination:

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  Retain the case; and

• •

  Prepare the disability determination.

In the following examples, it may not be necessary to transfer a claim:

• •

  Records submitted at the time of application are sufficient to make a determination;

• •

  TERI, QDD, or CAL cases, where records are, or will be, forthcoming;

• •

  The allegations indicate that the requested medical records will likely result in an allowance (e.g., intellectual disability, or Down syndrome - Trisomy 21)

• •

  Significant processing delays are not anticipated

• •

  Additional evidence from a foreign source will not be required to adjudicate the case.

The above guidance may also apply to Military Casualty/Wounded Warrior cases where DDS could retain jurisdiction, even if the claimant moves to a foreign country, in order to expedite processing of the claim.

NOTE: DI 43510.055 – DDS Assistance for Certain Canadian Claims states the DDS makes proposed determinations for some Canadian claimants before forwarding them to the Office of International Operations (OIO) for final medical decision and processing of the claim. DI 43510.060 – Consultative Examinations for Residents of Northern Mexico states that the DDSs in California and Arizona assist with consultative examinations requests.

NOTE: For Certified Electronic Folders (CEFs), follow the instructions in Routing Electronic Cases Before Final Determination DI 81020.125 and Processing “No Determination” (ND) Claims DI 81020.127.

• •

  Annotate the file with the complete foreign address, including foreign postal codes, where applicable;

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  Annotate the file that the claimant will be in a foreign country for at least 6 months;

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  Transfer jurisdiction to OIO (DDS code V22);

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  Route a paper disability folder (MDF) to the FO, with instructions to forward the completed file to OIO. See DI 20101.035C.5. for mailing address.

OIO then completes development of the claim and prepares the determination.

• •

  The DDS in the claimant’s last State of U.S. residence retains jurisdiction when a Title XVI determination is still needed;

• •

  U.S. residency requirements must be met for at least the month of filing. If this information is not in file, contact the FO to see if U.S. residency requirements are readily available. If not readily available, return the case to the FO for further development regarding residency requirements.

• •

  Annotate the file with the complete foreign address, including foreign postal codes, where applicable;

• •

  Annotate the file that the claimant will be in a foreign country for at least 6 months;

• •

  Route the claim (MDF) to the FO; and

• •

  Instruct the FO to forward the completed file to OIO.

OIO then completes development of the claim and prepares the determination.

NOTE: For CEF transfer instructions see Routing Electronic Cases Before Final Determination DI 81020.125 and Processing “No Determination” (ND) Cases DI 81020.127.

Retain jurisdiction and, if a consultative examination (CE) or other medical development is necessary, request the assistance of the OIO. To arrange a CE in a foreign country for a CEF case, initiate an electronic assistance request (AR) according to the instructions in Electronic Assistance Requests (AR) DI 81020.100.

For MDFs, there is no need to send the file with these requests, but include copies of pertinent medical reports to assist OIO in preparing the request.

Address the requests to:

DDS retains jurisdiction until the claimant returns to the United States, as OIO cannot complete a medical development request within 3 months.

When a claimant moves from a foreign country to the U.S. before his or her claim is adjudicated, jurisdiction for the disability determination may be transferred to the DDS in the State where the claimant currently resides. If jurisdiction of a Title II claim is transferred to the DDS, notify the corresponding FO in EDCS.

Both the Program Service Center/Disability Processing Branch (PSC/DPB) (the DDSs responsible for Puerto Rico, the U.S. Virgin Islands, Guam, and American Samoa) and OIO (who prepares Title II disability determinations for foreign claimants) do not routinely prepare SSI disability determinations. SSI does not apply outside the 50 States, the District of Columbia, and the Northern Mariana Islands. Therefore, you must follow certain instructions if the claimant files a Title XVI-only claim, or a concurrent Title II/Title XVI claim and then moves to, or from, Puerto Rico, the U.S. Virgin Islands, Guam, or American Samoa.

If, at the time OQR returns the case to the DDS for further consideration of an earlier DDS determination, the claimant no longer resides in the state, the DDS takes the following actions:

• •

  Reviews the file;

• •

  Develops vocational and medical evidence of record, as appropriate;

• •

  Affirms, modifies, or revises its determination;

• •

  Annotates the file with the new address, if not completed; and

• •

  Returns the case to OQR.

NOTE:DDS does NOT transfer the case based on the new address.