POMS Reference

GN 04020: Unrestricted Reopening (Title II only)

TN 3 (11-88)

Any claim denied because the death of the NH could not be established, may be reopened where his/her death is later established by reason of his/her unexplained absence from his/her residence for a period of 7 years (see GN 00304.050 for rules as to presumption of death). Similarly, where the death of the NH is established by location or identification of his/her body at any time, the prior determination or decision may be reopened.