I-2-3-45.Spanish Language Translations of Forms and Notice

Last Update: 8/15/05 (Transmittal I-2-60)

A. When to Provide Spanish Language Forms and Notices

The hearing office (HO) must provide Spanish language forms and notices to both represented and unrepresented claimants when they are specifically requested, or when there is reason to believe that the claimant may not be able to understand English Language forms and notices. For example, when a claimant has not waived the right to receive Spanish notices and forms by signing a Form-381-Sp (Waiver of Option to Receive Notices in Spanish), and the claimant meets at least one of the following criteria:

  1. information shows a prior use of a translator, or

  2. information shows the claimant's primary language is Spanish and the claimant has difficulty with English.

NOTE:

If a claimant meeting the above criteria has indicated a desire not to receive Spanish forms and notices, but there is no signed Form 381-Sp in file, contact the claimant and obtain a signed form.

B. Completion of Forms

  1. Complete the English language forms and notices in English as usual.

  2. Complete the Spanish language version of the same forms and notices in Spanish, if HO personnel are available and able to perform the translation accurately.

  3. If HO personnel are not available and able to perform the translation accurately, indicate in Spanish on the Spanish language form or notice the point where the translation would have been by inserting instead the following phrase:

    “Por favor de referir a la version en ingles anexo a esta forma.” (Which means: “Please refer to the attached English version of this form.”)

  4. Include the dates, times, and full names and addresses on the Spanish language forms and notices. To avoid any confusion, spell out the month part of the date in all cases. The months in English and Spanish are as follows:

    January — enero

    July — julio

    February — febrero

    August — agosto

    March — marzo

    September — septiembre

    April — abril

    October — octubre

    May — mayo

    November — noviembre

    June — junio

    December — diciembre

  5. Ask the claimant to sign the Spanish version of the form which require the claimant's signature. Because some claimants may object to signing a form they are unable to read, the claimant's signature is not required on the English language form. Consider the Spanish version of the form the official copy.

  6. When a Spanish language form or notice is used, the Spanish language version should be placed on top of the English version and sent to the claimant. A copy of both the English and Spanish versions of the form and notices must be included in the administrative record.

    NOTE:

    If the claimant has a representative, a copy of both the English and Spanish versions must be sent to the representative.