Title 18-A, section 3-1205 of the Revised Statutes of Maine permits direct payment
of title II underpayments not in excess of $1,000 to certain relatives of a deceased
beneficiary where other statutory prerequisites have been satisfied and an affidavit,
under oath, containing all the necessary averments has been filed by the person seeking
payment.
We may pay title II underpayments to certain relatives of the deceased in the following
order of preference:
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one or more of the children of the decedent or descendants of his or her deceased
children,
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the decedent's mother or father, or
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the decedent's brother or sister.
The affidavit must contain:
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the date of death of the decedent;
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the relationship of the affiant to the decedent;
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a statement that no petition for appointment as executor or administrator for the
deceased has been appointed;
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a statement that, to the affiant's knowledge, there exists at the time of filing such
affidavit, no relative of a closer degree of kindred to the deceased than the affiant.
If the affidavit submitted to SSA does not show the decedent's place of domicile at
death, a supplemental affidavit may provide such statement of domicile. SSA should
not act on an affidavit prior to the expiration of 30 days following the death of
the decedent. SSA cannot make any payment during a 30-day period after the death of
the decedent.