Effective Dates: 08/09/2023 - Present Previous | Next

TN 50 (08-23)

GN 00210.600 Same-Sex Relationships - Lump Sum Death Payment (LSDP) Claims

Because of the Windsor and Obergefell decisions, we are now able to process Lump Sum Death Payment (LSDP) claims involving same-sex marriages and non-marital legal relationships (NMLR).

A. Instructions for processing LSDP claims

Step

Action

1

In the field office (FO) and workload support unit (WSU), take the claim in the Modernized Claims System (MCS).

Go to step 2.

2

Determine marital status

Consult GN 00210.002 to determine marital status for purposes of Title II benefits.

If you determine that we will recognize the same-sex marriage or NMLR for purposes of Title II benefits, go to step 3.

If you determine that we will not recognize the same-sex marriage or NMLR for purposes of Title II benefits, go to GN 00210.020B for systems instructions to deny the claim.

3

Living in the same household (LISH) requirement

Was the claimant LISH, according to the requirements in RS 00210.035?

If yes, go to step 5.

If no, go to step 4.

4

Entitlement to surviving spouse benefits

Is the claimant entitled to benefits as a surviving spouse according to the requirements in GN 00210.100?

If yes, go to step 5.

If no, go to GN 00210.020B for systems instructions to deny the claim.

5

When the LSDP claim is filed

Did the claimant file the LSDP claim more than two years after the NH’s death?

If yes, go to step 6.

If no, go to step 7.

6

Good cause for failure to file

Do you determine that the claimant meets “good cause” for their failure to file the LSDP claim within the prescribed two-year limit, as stated in RS 00210.030?

If yes, go to step 7.

If no, go to GN 00210.020B for systems instructions to deny the claim.

7

Does the claimant meet all other requirements for the LSDP benefit, as outlined in RS 00210.001 through RS 00210.050?

If yes, go to GN 00210.020A for systems instructions to award the claim.

If no, go to GN 00210.020B for systems instructions to deny the claim.

B. References

  • •

    DI 11025.020 Disability Determination Needed to Establish Entitlement to Lump-Sum Death Payment

  • •

    RS 00210.001 Field Office (FO) and Program Service Center (PSC) Requirements and Definitions of Lump-Sum Death Payment (LSDP)

  • •

    RS 00210.010 Payment of the Lump-Sum Death Payment (LSDP)

  • •

    RS 00210.020 When the LSDP is not payable

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200210600
GN 00210.600 - Same-Sex Relationships - Lump Sum Death Payment (LSDP) Claims - 08/09/2023
Batch run: 08/09/2023
Rev:08/09/2023