Take, and develop, the LSDP claim in Modernized Claims System (MCS) as follows:
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The LSDP screens should contain all the necessary information to determine eligibility.
Do not take a CDB or DWB claim since they are not filing for monthly benefits.
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Determine if the DWB or CDB meets all factors of entitlement for monthly benefits,
except for filing an application.
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Develop for evidence of age, relationship, or other factors of entitlement as if the
LSDP applicant had also filed for monthly benefits.
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For the DWB requirements, see RS 00207.001, Widow(er)’s Benefits Definitions and Requirements.
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For the CDB requirements, see RS 00203.080, Childhood Disability Benefits (CDB)-General.
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Deny the claim if the CDB or DWB does not meet a factor of entitlement.
EXAMPLE 1:
The number holder (NH) died 5/30/2010. His widow, age 58, was not living with the
NH at the time of his death. She alleges she is disabled. She does not wish to file
for DWB, as she is receiving a Civil Service pension and Government Pension Offset
(GPO) would reduce her DWB benefit to zero, and does not want Medicare entitlement.
She does apply for the LSDP. You must determine whether the widow is disabled and
otherwise eligible for DWB for the month of the NH’s death.
EXAMPLE 2:
Same as example 1, except the widow is 49 at the time of the NH’s death. You would
deny the claim, as she does not meet the basic eligibility factor of being at least
50.
EXAMPLE 3:
The NH died 12/22/2009. His daughter, age 25, alleges disability at age 21 due to
a serious car accident. She elects not to file for CDB but does file for the LSDP.
To evaluate her eligibility for the LSDP, SSA must determine whether the disability
began before age 22 and whether she is still under a disability at the time of her
father’s death. She would also have to meet the other eligibility factors for CDB.
EXAMPLE 4:
Same as example 3, except this time the car accident occurred at age 23. She stated
she did not have a disabling condition before the car accident. Since she does not
meet the basic eligibility factor that requires her disability to begin before age
22, deny her claim.