RS 00207: Widow(er)'s Benefits
TN 22 (04-09)
The following chart provides the documentation required for widow(er)’s or surviving divorced spouse’s benefits.
Refer to DI 10110.001 for the proofs required and necessary development for disabled widow(er)’s benefits.
Documentation |
When Required |
References |
---|---|---|
Age of widow(er) or surviving divorced spouse |
Always EXCEPTION: See reference for criteria. |
GN 00302.030 |
Age of number holder (NH) |
Only when it affects insured status, or Primary Insurance Amount (PIA), or when required quarters depend upon year NH attained age 72 . |
|
Death of NH |
Always, unless established in a prior claim or a conversion of benefits is involved. |
|
Marriage |
Always unless established in a prior claim (includes the statements on a prior Form SSA-2-F6 and Form SSA-3). Do not assume marriage was established in a prior LSDP claim.
|
|
Remarriage and |
If a widow(er) or surviving divorced spouse seeks to qualify following remarriage. or to establish the remarriage occurred after the required age. REMEMBER: A widow(er) who married prior to age 60 or 50, for disabled widow(er)s, and the marriage subsequently ended is considered unmarried in the month in which the marriage ended. |
|
Living in the same household (LISH) |
Always if a deemed marriage is involved. For payment of the LSDP, LISH would have to be established only if the widow was not entitled to or eligible for benefits in the month the NH died. |
|
Medical Development |
Always, when a widow(er) or surviving divorced spouse is claiming benefits based on disability. |
|
Wages and SEI |
Always, unless PIA has been established. A certified E/R is needed. |
|
Selection of |
If claimant is incapable of handling funds. |
|
Adoption |
When widow(er)'s eligibility depends upon adoption of child. |
|
Application |
Always, unless a conversion from spouse's benefits is involved or a dually entitled A/B elects a reduced widow(er)'s benefit (Form SSA-4111). |
|
Proof of divorce from NH |
When claimant is filing for surviving divorced spouses benefits. |
|
Support |
If GPO is involved. |
GN 02608.104 through GN 02608.106 |
Form SSA-1473, |
When it is necessary to determine if the claimant was entitled or potentially entitled to a Railroad annuity in month prior to his/her marriage to the NH. |
|
Form SSA-21, |
When widow(er) or surviving divorced spouse lives outside the U.S. or intends to leave the United States. |
|
U.S. Citizenship |
See references for criteria and exclusions. |
GN 00303.300 GN 00303.320 |
Development - Resolve any discrepancies between the date of prison conviction or confinement and the date of death for the deceased NH. |
PUPS skeleton record exists on the SSN for the deceased NH and MBR that reflects "A RECORD IS PRESENT ON THE PRISONER UPDATE PROCESSING SYSTEM DATABASE FOR BOAN:XXX-XX-XXX, JOHN DOE, BIC-X." |