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DI 33025.015: Foreign Claims

changes
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  • Effective Dates: 02/22/2013 - Present
  • Effective Dates: 12/13/2017 - Present
  • TN 4 (02-90)
  • TN 10 (12-17)
  • DI 33025.015 Foreign Claims
  • A. Policy
  • A. Policy – Processing Social Security Administration (SSA) Foreign Claims
  • The Office of Disability and International Operations (ODIO) is responsible for administering the Social Security programs abroad. This requires performing functions similar to those performed by the field office (FO), program service centers (PSC), and DDS.
  • The Division of International Operations (DIO) is responsible for administering SSA programs abroad. This includes the full range of disability determination services (DDS) functions, including the processing of appeals with the right to a disability hearing.
  • Any disability hearing for foreign claimants must be conducted by a Federal DHO.
  • A Federal disability hearing officer (DHO) must conduct the disability hearing for an individual who uses a foreign address.
  • If ODIO cannot issue a fully favorable determination, and the claimant waived his/her appearance at a hearing, a DHO in the Office of Disability (OD) is responsbile for processing the case. If there will be a personal appearance, a DHO in the appropriate RO is responsible for arranging the hearing.
  • If the DIO cannot issue a fully favorable determination, and the individual waives his or her right to appear at a hearing, a DHO in the Office of Disability Determinations (ODD) is responsible for processing the case. If the individual intends to appear, a DHO in the appropriate regional office (RO) is responsible for arranging the hearing.
  • NOTE: The claimant's point-of-entry into the United States (U.S.) and /or temporary U.S. residence determines the region where the hearing will be scheduled.
  • NOTE: The individual's point-of-entry into the United States (U.S.) or his or her temporary U.S. residence determines the region where the hearing is scheduled. See DI 33001.000 Disability Hearing Unit Procedures.
  • B. Procedure
  • B. Procedure – Responsibilities of the Disability Hearing Officer (DHO)
  • 1. Securing additional evidence
  • Obtain the supervisory hearing officer's (SHO)concurrence that additional development is needed.
  • Obtain the supervisory hearing officer's (SHO) or supervisor’s agreement that the claim requires additional development before requesting additional development.
  • State in a memorandum what information or evidence is needed, provide any explanation which would aid in clarifying the request, attach the memorandum to the claims folder, and forward to: Social Security Administration, Office of Disability and International Operations, P.O. Box 17769, Baltimore, MD 21203, ATTN: Reconsideration Branch.
  • Send a notice to the beneficiary or recipient and add a copy to the claims folder stating what information or evidence is needed. Provide any explanation that would aid in clarifying the request, and forward the claims folder to SSA to the attention of the Reconsideration Branch:The Social Security AdministrationOffice of Earnings and International Operations (OEIO)P.O. Box 17775Baltimore, MD 21235-7775
  • 2. Translation of foreign document
  • * Obtain translation from an employee in the disability hearing unit (DHU)who is proficient in the language; an authorized translator in the FO, or the SSA Central Translation Services (see e. below).
  • Refer to DI 11010.275 Sending Cases to the Office of Central Operations/Office of International Operations (OCO/OIO) for paper cases and, DI 80850.010 Electronic Disability Collect System (EDCS) for information on jurisdiction and responsibility for transferring information to electronic folders.
  • NOTE: Every translation should be signed and provide as much of the following information as possible; type/date of document, issuing agency/official, language involved, and whether the document appears to be genuine, unaltered, and to have been made at the time purported.
  • * Send the original (if possible) rather than a photocopy when it is necessary to send a document out of the DHU for translation.
  • * Make as clear a photocopy as possible and list any alterations noted on a Report of Contact (RC)if beneficiary refuses to part with the original document.
  • * Forward the document(s) and Form(s) SSA-533 when requesting an out-of-office translation.
  • * Send the document(s) and Form(s) SSA-533 being sent to SSA's Central Translation Services to: Social Security Administration, Office of Disability and International Operations, P.O. Box 17769, Baltimore, MD 21203, ATTN: Central Translation Services.
  • 2. Translation of foreign documents
  • * Obtain a translation from an employee in the disability hearing unit (DHU) who is proficient in the language, an authorized translator in the field office (FO), or follow the link to SSA Central Translation Services for a full list of SSA translation services (also see 2.d below). http://oasweb.ba.ssa.gov/translators/translator.asp. See DI 23045.001B.2 to determine whether the translation must be verbatim.
  • NOTE: A signature is required for every translation request. Provide as much of the following information as possible;
  • * type or date of document,
  • * issuing agency or official,
  • * language involved, and
  • * whether the document appears to be genuine, unaltered, and to have been made at the time alleged
  • * Send the original documents (if possible) rather than a photocopy when it is necessary to send a document out of the DHU for translation.
  • * If the beneficiary refuses to part with the original document, make as clear a photocopy as possible and note any alterations on an SSA-5002 (Report of Contact).
  • * Forward the document(s) and Form(s) SSA-533-E (Translation Request) when requesting an out-of-office translation.
  • * Send the document(s) and completed Form(s) SSA-533-E to:The Social Security AdministrationATTN: Central Translation ServicesP.O. Box 1756Baltimore, MD 21203Fax (410) 966-0526
  • See also:
  • * DI 11010.275 Sending Cases to Office of Central Operations/Office of International Operations (OCO/OIO)
  • * DI 23045.001 Translation of Foreign-Language Documents
  • * DI 33010.001 Receipt and General Review of Claims Folder in the Disability Hearing Unit (DHU) and,
  • * GN 00301.330 Overview of Translation Process
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