GN 00302: Proof of Age
TN 9 (02-85)
A. General Procedure
If a claimant whose alleged DB is discrepant with the evidence presented states that he/she had to change the DB in order to escape persecution by the Nazis during World War II, process the claim according to these instructions.
Step |
Procedure |
---|---|
1 |
Interview the claimant and obtain an SSA-795 or other signed statement from him/her that explains:
NOTE: Conduct the interview with compassion. Some claimants may be reluctant to recall these painful events in detail, or may have suppressed them while recalling other events that occurred at the same time. Inconsistencies in their statements should be examined carefully because they are not necessarily indicative of fraudulent intent. |
2 |
|
3 |
Ask the claimant for evidence of survivor status (see GN 00302.335). |
4 |
Decide whether preferred evidence of age must be requested.
|
5 |
Decide whether partial adjudication procedures may be used.
NOTE: Experience has shown that Romania and Poland may take over a year to respond to requests for BCs. |
6 |
Was partial adjudication used?
|
7 |
If the claim was partially adjudicated under step 5, take the following actions:
|
8 |
|
9 |
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B. Availability of Birth Records
Birth records are generally available and will be requested for survivors for births in the countries listed “Yes” in the following list.
Country |
Generally Available |
Remarks |
---|---|---|
Albania |
No |
—— |
Austria |
Yes |
—— |
Belgium |
Yes |
—— |
Bulgaria |
Yes |
U.S. citizens only |
Czechoslovakia |
Yes |
U.S. citizens only |
Denmark |
Yes |
—— |
Estonia |
No |
—— |
Finland |
Yes |
—— |
France |
Yes |
—— |
Greece |
Yes |
For men only |
Germany, East |
Yes |
—— |
Germany, West |
Yes |
—— |
Hungary |
Yes |
U.S. citizens only |
Italy |
Yes |
—— |
Latvia |
No |
—— |
Libya |
No |
—— |
Lithuania |
No |
—— |
Luxembourg |
Yes |
—— |
Netherlands |
Yes |
—— |
Norway |
Yes |
—— |
Poland |
Yes |
—— |
Romania |
Yes |
—— |
U.S.S.R. |
No |
—— |
Yugoslavia |
Yes |
Except for the Republics of Macedonia and Montenegro. |
C. Requesting BC - Claimant Resides in U.S.
When a BC must be requested for a survivor, use the following procedures.
Step |
Action |
---|---|
1 |
Prepare an SSA-562-U3 (see GN 00904.220) to the Office of International Operations (OIO) to request a BC for the claimant from the country of birth. |
2 |
Identify the request as being made under the Holocaust procedures. |
3 |
Include all identifying information on the request:
NOTE: See GN 312.322 to request a birth record from Poland and GN 00312.328 to request a birth record from Romania. For Romanian requests, state whether the claimant still holds Romanian citizenship or has renounced it. See GN 00307.140 if the claimant was born in Belarus, Turkmenistan, Ukraine, or Uzbekistan. See entries for individual countries in GN 00307.000 for instructions about requesting birth records from other former Soviet republics. IMPORTANT: If the SSA-562-U3 does not include the information regarding the full name at birth and the full DB, OIO will return the request to the FO for the information. If the claimant cannot furnish this information and it cannot be obtained from other sources, assume that the record is unavailable and base the DB on the claimant's statement (if survivor status is proven). |
4 |
Diary the request for 120 days (180 days if USSR record) for follow up with OIO. |
5 |
If a response has not been received within 120 (180) days, then:
|
D. Requesting BC - Claimant Resides Outside the U.S.
These cases will be handled in much the same manner as those in which the claimant resides within the U.S.
OIO will request the Foreign Service Post (FSP) servicing the area in which the birth record may be located to obtain a certification of the claimant's record.
NOTE: It is assumed that few, if any, of these claimants will be residing in the country of their birth. However, if the claimant is so residing, ask him/her to obtain the birth record.
E. OIO Handling of Requests for Birth Record
Step |
OIO Actions |
---|---|
1 |
Upon receipt of an SSA-562-U3, ask the appropriate FSP to obtain a BC. |
2 |
Show the following information on each request to the FSP:
|
3 |
Continue normal development procedures until either the certification or negative response is received. NOTE: Refer to International Program Policy and Totalization Staff, International Policy Staff, Office of Policy (IPPTS, IPS, OP) any case where it appears impossible to get either a birth record recertification or a negative response after 180 days. |
4 |
Forward the certification or negative response to the requesting FO upon receipt. |
F. Processing Claims for Survivors Who Were Previously Disallowed for Failure to Establish Retirement Age
When a claimant alleges survivor status and states the prior claim was disallowed due to failure to establish retirement age, the normal rules of administrative finality apply.
Use the following procedure:
Step |
Procedure |
---|---|
1 |
Take a new application if the disallowance cannot be reopened. |
2 |
Request the prior folder. |
3 |
Does the folder show that an unsuccessful attempt was made to obtain preferred evidence?
|
4 |
|
5 |
Request a BC for the claimant using the procedures in GN 00302.330C. or GN 00302.330D. |
6 |
Establish the DB for the new claim using the procedures in GN 00302.330A. |
G. Correction of Age on Previously Allowed Claims
When a Holocaust survivor whose claim was allowed prior to the effective date of this procedure (9/80) asks that his/her DB be reconsidered based on these procedures, the rules of administrative finality apply.
If the initial determination cannot be reopened, the DB may be changed only for prospective benefits, effective with the month in which SSA receives the request or a protective statement.