POMS Reference

GN 00307: Foreign Evidence

TN 31 (08-05)

A. Policy

1. General

Absent information to the contrary, SSA accepts a birth certificate which was issued by a local civil registry official in Mexico and appears to have been established before age 5 as shown in GN 00307.671A.2. and GN 00307.671A.3.

EXCEPTIONS: The procedures in GN 00307.671A.2. and GN 00307.671A.3. do not apply to:

  1. Delayed birth certificates which will be evaluated in accordance with GN 00302.540; or

  2. Any document other than a local civil birth certificate used to establish the claimant's DB.

2. At Face Value

SSA accepts a certificate which meets the criteria in GN 00307.671A.1. at face value if it:

  1. Was issued (not just recorded) before age 5 by a local civil authority other than one listed in GN 00307.673;

  2. Was secured by an Federal Benefits Unit (FBU) in Mexico from the custodian of the birth records; or

  3. Is supported by secondary evidence (see GN 00307.671B.) recorded at least 5 years before the claimant initially filed for monthly benefits.

3. For Adjudicative Purposes (DB Not Established)

SSA accepts a birth certificate which meets the criteria in GN 00307.671A.1. for adjudicative purposes (DB not established) without further development if the:

a. DB is Not Material to Payment of Benefits

DB is not material to the payment of benefits (e.g., a B2 or E claim); or

Use a proof code (PF) of “A” to show the date of birth has not been established. Show in red “BC NOT VERIFIED BY FBU” on the back of the birth certificate. Development as outlined in GN 00307.671B.will be necessary if age later becomes a factor of entitlement.

b. Claim Will Be Denied

The claim will be denied (e.g., for lack of insured status). Annotate the birth certificate and use a PF code as explained in a. above.

B. Procedure — POA Development

1. General

If the conditions in GN 00307.671A.1. and GN 00307.671A.2. are not met, get secondary evidence of the type listed in GN 00302.100B. which was recorded at least 5 years before the claimant first filed for benefits. (This may include an SS-5 or numident showing the claimant filed for an SSN and gave the same DB.)

NOTE: This secondary evidence can include a document issued by a local civil authority in Mexico if the:

  1. Document was issued at least 5 years before the claimant initially filed for benefits; or

  2. Source record was examined by an FBU representative. ( Do not request verification of Mexican evidence just to meet this requirement.)

2. Action on Secondary Evidence

a. Secondary Evidence in Material Agreement With DB on Local Civil Birth Certificate

Accept the birth certificate at face value.

b. No Supporting Evidence or Evidence Supports Another DB

Request preadjudicative verification of the birth certificate by the FBU servicing the State in which it was issued if the:

  • Claimant has no secondary evidence which supports the DB on the birth certificate;

  • File contains several pieces of secondary evidence of comparative value which support a materially different DB; or

  • More convincing secondary evidence supports a materially different DB.

Request postadjudicative verification and partially adjudicate the claim using the least advantageous DB if:

  • Convincing evidence (as explained in GN 00302.115, GN 00302.118 and GN  00302.125 for claimants residing in the U.S. and GN 00307.150 for claimants outside the U.S.) shows a DB which would entitle the claimant to benefits; and

  • The claimant meets all the requirements for entitlement to benefits by all the DBs in file.

Advise the claimant that the birth certificate is being verified and the DB can be changed based on the investigation results.

3. Child Under Age 10

If no secondary evidence exists which was issued 5 years before filing:

  1. Develop for whatever evidence is available;

  2. Adjudicate the claim (using the least advantageous DB if a discrepancy exists);

  3. Request postadjudicative verification of the birth certificate. Include full information about the child's baptism and ask the FBU to get a religious record if no civil birth record exists.

C. Procedure — FBU Development Requests

Send a clear and complete copy of the birth certificates by SSA-562-U3 to the FBU having jurisdiction over the State of birth (see GN 00307.670D.2.).

Show all other DB's alleged by the claimant. Include full information about the date and church of baptism if the claimant has indicated that a religious record was established before age 5.

Annotate the SSA-562-U3 to show “VERIFICATION REQUESTED PER GN 00307.671 (OR GN 00307.673, if appropriate).”