GN 00205: Completion of Applications

Effective Dates: 11/10/2011 - Present

TN 45 (11-11)

A. Policy

1. General

We encourage all members of the family group to file even when the maximum provisions apply. (See RS 00203.055 - RS 00203.060.)

2. Exceptions to filing a Mother’s or Father’s application

It may not be beneficial for a working parent to file if a child could be entitled to the minimum sole survivor rate (MSSR). (For more information, see RS 00615.650). However, if the parent does not become entitled, he or she can only qualify for Disabled Widow(er)’s benefits (DWB) if the onset occurs no later than 7 years following the month of the number holder’s (NH's) death.
Alien nonpayment provisions may also make it advantageous for a claimant not to file. (For procedures on totalization countries, see RS 02610.025C.)

B. Procedure for completing the application

1. Disability

If “Yes” is the answer to the disability question, explore DWB and deemed DWB for Health Insurance (HI) purposes. In addition, follow procedure in GN 00205.035 and see RS 00207.020 for deemed DWB for HI purposes.

2. Marital history

We collect marital history per GN 00205.070 to determine eligibility to benefits. The claimant must establish if he or she is currently married. If he or she has intervening marriages since the death of the NH, obtain proof of termination and consider possible entitlement on each Social Security number (SSN). Also follow procedure in GN 00205.145A.4.

3. Living in the same household (LISH)

If a deemed spouse files the application or the application is for the Lump Sum Death payment (LSDP), use the answer to determine if proof of LISH is required.

4. Child in care

The child in care question is necessary to establish Mother's or Father's benefits.

Do not list children who are students over age 16.

If a child is not living with the claimant, get an SSA-781 (Certificate of Responsibility for Welfare and Care of Child not in Claimant's Custody) and an SSA-788 (Statement of Care and Responsibility for Beneficiary) from the person with whom the child resides.

5. Only child

Explain that a child could be entitled to the MSSR if the working parent does not file. Reference the policy in GN 00205.150A.2. in this section, and document the explanation.