TN 10 (06-14)

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

A. Introduction to LSDP claims involving same-sex marriage

Because of the Windsor decision, we are now able to process many Lump Sum Death Payment (LSDP) claims involving same-sex marriages and non-marital legal relationships. When a same-sex marriage is not relevant to the claimant’s eligibility, do NOT apply these instructions

IMPORTANT: Review spouse claims and appeals that have been on hold for possible processing now.

B. Instructions for processing LSDP claims involving same-sex marriage

Step

Action

1

In the field office (FO) and workload support unit (WSU):

  • Take the claim in MCS.

Go to step 2.

2

Consult GN 00210.002, GN 00210.004, and GN 00210.006 to determine whether we will recognize the same-sex marriage or non-marital legal relationship for purposes of Title II benefits.

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

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

3

Was the claimant living in the same household (LISH), according to the requirements in RS 00210.035?

If yes, go to step 5.

If no, go to step 4.

4

Is the claimant entitled to benefits as a surviving spouse according to the requirements in GN 00210.400?

If yes, go to step 5.

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

5

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 8.

6

Does the claimant allege that the law that prohibited the recognition of same sex marriage (Section 3 of the “Defense of Marriage Act” or DOMA) prior to the Windsor decision of June 26, 2013, was the reason for his or her failure to file within the prescribed two-year limit, as set out in RS 00210.030?

If yes, hold the claim, following instructions in GN 00210.005. CAUTION: If we hold the LSDP claim, do not pay someone lower in the order of priority.

If no, go to step 7.

7

Do you determine that the claimant meets “good cause” for his or her failure to file the LSDP claim within the prescribed two-year limit, for a reason other than that described in step 6? (See RS 00210.030.)

If yes, go to step 8.

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

8

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 00210.020B for systems instructions to award the claim.

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

C.  References

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

  • GN 00210.002 Same-Sex Marriage - Determining Marital Status for Title II and Medicare Benefits

  • GN 00210.003 Same-Sex Marriage –Dates States Permitted or Recognized Same-Sex Marriage

  • GN 00210.005 Same-Sex Marriage or Non-marital Legal Relationship- Holding Certain Claims, Appeals, Post-Eligibility Actions, and Post-Entitlement Actions

  • 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 00210.035 LSDP for a Surviving Spouse Living in the Same Household (LISH)

  • 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 Marriage - Lump Sum Death Payment (LSDP) - 08/11/2014
Batch run: 08/11/2014
Rev:08/11/2014