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DI 23510: Death Cases

Effective Dates: 03/12/2012 - Present

BASIC (09-08)

A. Determination paragraph to use when the claimant dies after filing

Use this chart to determine the correct determination paragraph, i.e., element 3 of the personalized disability explanation:

Basis for determination	Reg. basis code shown in Item 22	Determination paragraph (See NL 00708.100 Numbered Paragraphs)
Impairment not severe at time of death – Medical consideration alone	N30 N41	330.3 1351, 330.3
Capacity for substantial gainful activity (SGA) – any relevant past work	N31 N42	330 1351, 330
Capacity for SGA – other than relevant past work	N32 N42	330 1351, 330
Impairment prevented SGA for a period of less than 12 months	N34 N45	331.1 1351, 331.1
Impairment prevents SGA at time of adjudication/death, but is not expected to have prevented SGA for a period of 12 months	N35 N46	331 1351, 331
Insufficient evidence furnished	N36	341
Failure or refusal to submit to a consultative examination (CE)	N37	342
Applicant does not want to continue development of the claim	N38	343
Applicant willfully failed to follow prescribed treatment	N39	381

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DI 235: Specific Case Instructions

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DI 23515: non-citizen Cases

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