Last Update: 3/9/2015 (Transmittal I-3-102)
HA 01350.055 Death of Claimant
Shortly After Denial of Request for Review
Renumbered from HALLEX section I-3-5-55
The Appeals Council will consider whether revision is appropriate
if the claimant dies shortly after the Appeals Council denies review
of an administrative law judge's action. However, the Appeals Council
need only consider further action if there is another person who
may qualify as a substitute party or qualified survivor on the claim.
For more information about substitute parties and qualified survivors,
see generally the instructions in Hearings, Appeals and Litigation
Law manual HA 01340.004.
To determine whether further inquiry is necessary, the Appeals
Council will consider issues such as:
•
The date the claimant
last met insured status for disability purposes;
•
The length of time between the date of the latest
pertinent medical evidence of record and the date of death;
•
Whether the death resulted from the impairment(s)
previously considered; and
•
Whether the cause of death, if known, requires a
reevaluation of the medical evidence already of
record.