If we base a spouse's benefit on having a child-in-care and we correctly paid the claimant for the month before the month of his or her death, assume we did not impose any deductions, since the claimant met the child-in-care requirements for mother's/father's benefits. Make the same assumption in a completed case not yet processed to award status if you pay spouse's benefits correctly for the month before the month of the NH's death, if you process the case to award. Award the widow(er) mother's/father's benefits and the LS, unless the exceptions apply in RS 00208.090C.

1. a. 

   When the NH was payee for a child, the system suspends the benefits until a new payee files an application and the field office (FO) approves it. Request that the FO contact the surviving parent to see if he or she wants to file as payee.

2. b. 

   If the spouse (not the NH) was payee for the child(ren) in the month before the month the NH died, and was not in deduction status for failure to have a child-in-care, assume that the child(ren) are in-care and no verification is required. However, if information received indicates the widow(er) is no longer the proper payee, suspend S-4 and initiate representative payee and child-in-care development.

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     Terminate benefits for the child-in-care if development discloses that the spouse did not have a child-in-care at the time of the NH’s death.

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     If we award mother’s/father’s benefits, terminate the benefit upon receipt of development.

Information in the file indicates that it is necessary to determine whether the railroad retirement board (RRB) or SSA has jurisdiction of the survivor claim. See RS 01602.200.

Prior to 01/91, we award the claimant spouse's benefits based on a deemed marriage. See RS 00208.090D.

We require an annual report for the deceased NH. See RS 02510.015.

Prior to 01/91, LISH was a requirement. Assume without development that the NH and the widow(er) were LISH at the time of death if our records show they used the same address, provided there is no indication otherwise. Develop the mother's/father's relationship under State law, in connection with the spouse's claim if you cannot establish LISH. After 12/31/90, LISH is not required to convert a deemed spouse.

Always develop “living with” when one spouse was payee for the other, or other evidence indicates they did not live together.

Develop LISH whenever there is evidence in file that the NH and the widow(er) did not live at the same address when the NH died.

If the claimant is a legal widow(er) who was eligible for, or entitled to benefits on the NH's record for the month of death, you do not need proof of LISH. In this case, the PC makes the conversion and awards the LS. See RS 00208.090B.