Effective Dates: 01/25/2019 - Present Previous | Next

TN 16 (01-19)

RS 00208.105 Avoidance of Entitlement - Mothers/Fathers

A. Policy

It may be to the surviving spouse's advantage to avoid entitlement to permit an only child to receive a sole survivors's minimum.

B. Example

The widow(er)'s benefit would be offset due to the receipt of a government pension.

C. Procedure - PC

If it appears advantageous for the widow(er), previously entitled as a spouse, to avoid entitlement as a mother/father:

  • •

    do not automatically convert the spouse's benefits

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    ask FO to explain the possibility to the widow(er); and

  • •

    develop child-in-care, representative payee, etc.

D. Procedure - FO

Ordinarily, the mother/father should not be encouraged to avoid entitlement unless there is a clear advantage. The FO will:

  • •

    Explain all the possibilities.

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    Request a statement that the claimant does not want to become entitled.

NOTE: If these benefits were awarded before the statement was filed, the withdrawal after adjudication conditions apply. If, after avoiding entitlement, the mother/father later wishes to become entitled, benefits may be paid only upon the filing of an application (see GN 00205.150 for determination requirements regarding future disabled widow's benefits (DWB)).

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0300208105
RS 00208.105 - Avoidance of Entitlement - Mothers/Fathers - 01/25/2019
Batch run: 01/25/2019
Rev:01/25/2019