TN 13 (07-09)

A. When the E/R can be corrected - cases excluded from the “Ensign Amendment”

The “Ensign Amendment” does not apply in the following situations:

1. Non-claim situations

A claimant, who has never filed for benefits, contacts SSA and wants to correct his/her earnings record because he/she received a Social Security Statement, a No-Match letter (RM 01105.027) or some similar notification and the claimant clearly has not filed, and does not plan to file a claim for benefits. The earnings record can be corrected.

EXCEPTION: If the NH filed a claim for Title II benefits and was disallowed due to lack of QCs/earnings, do not take action to correct the earnings record. (RS 01404.252B. explains when action cannot be taken to correct the record).

2. Title II survivor claims

The “Ensign Amendment” does not apply.

3. Medicare only claims (Title XVIII)

When an individual 64 years and 9 months or older initially expresses a desire to file a claim for benefits, see RS 01404.256A.4.

NOTE: For end stage renal disease (ESRD) claims, see RS 01404.252A.6.

4. Supplemental security income claims (Title XVI)

SSI claims are excluded from the “Ensign Amendment”. The “Ensign Amendment” applies only to Title II claims for retirement or disability benefits. While an individual may be denied Title II retirement or disability benefits if the provisions of the “Ensign Amendment” are found to be applicable, the NH may be eligible for Title XVI benefits regardless of whether he or she has been convicted of violating section 208 (a) (6) or (7) of the Social Security Act.

5. Title II claims for retirement or disability benefits and the NH has enough QCs on his/her existing record to meet applicable insured status requirements

Once insured status is obtained it is irrelevant whether any earnings subsequently requested to be added to the earnings record were earned using a different SSN than the one that belongs to the individual. The earnings, once sufficient evidence is received, may be added to the individual’s earnings record.

6. End stage renal disease (ESRD) claims

Individuals with ESRD; individuals who meet DIB insured status e.g., 20/40 and are fully insured.

7. Title II post-entitlement earnings situations

The claimant is currently entitled to retirement or disability benefits and requests correction of the earnings posted to his/her Social Security earnings record.

8. Earnings record corrections for the sole SSN owner

The correction of earnings records for any individual whose SSN was used erroneously by the current NH for retirement or disability benefits.

B. When the earnings Record cannot be corrected - Title II claims where the “Ensign Amendment” will apply

The “Ensign Amendment” provision applies if:

• the claimant is applying for Title II retirement or disability benefits on or after March 11, 2009; and

• states that he/she worked under a SSN that is not the NH’s valid SSN; and

• is requesting that earnings from work performed under the erroneous SSN be transferred to his/her own record; and

• his or her use of another SSN resulted in a conviction in a Federal court (see RS 01404.250B.3.), and insured status is not met without using the earnings under the incorrect SSN.