TN 22 (04-09)

A. Policy

A claimant whose first month of entitlement (MOET) to widow(er)'s insurance benefits (WIB) or surviving divorced spouse’s benefits is no earlier than the month he or she attains age 60 qualifies for benefits under the regular widow(er)'s provisions rather than on the basis of being under a disability.

If a claimant is under age 61, there may be months in the retroactive period prior to age 60 for which he or she can receive benefits. This can occur only if it is established that the claimant was disabled in one or more months after the expiration of the 5-month waiting period and in which he or she had not attained age 60.

NOTE: Refer to RS 00615.315 regarding simultaneous entitlement to WIB and DWB.

B. Procedure

If at the time the claim is ready for processing, the widow(er) has attained age 60, or will attain that age within 4 months:

• process the widow(er) and if appropriate, the lump sum death payment (LSDP) awards through Modernized Claims System (MCS) Earnings Computation (EC) unless an exclusion applies; and

• indicate on the development worksheet (DW01) screen that the disabled widow(er)’s benefit (DWB) claim is pending; and

• send the widow(er) a paragraph informing him/her that the disability determination is pending (see NL 00710.010); and

• input a diary for the disability determination; and

• forward the SSA-3368 EDCS or 3368-BK paper and disability material (see DI 11015.025) in accordance with DI 11015.015 to the Disability Determination Services (DDS) and DI 81001.020 and DI 81010.085 for transferring the electronic folder (EF).

Follow the instructions in DI 11015.020 if disability is established. The FO will prepare an amended award for the Program Center (PC) to correct the date of entitlement, benefit rate and to code the disability information.

C. Reference

DI 11050.035, Disposition of Disability Material When Career RR Employee Does Not File for SSA Benefits