DI 23510: Death Cases
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 |