BASIC (09-87)

GN 00302.780 Request for Search Being Made on Behalf of Incompetent Claimant

A. Introduction

When a claimant is incompetent and cannot sign the SSA-1535-U3 or BC-600 to request a census record, the Bureau of the Census will furnish the record only in very restrictive curcumstances.

B. Procedure

Follow this procedure to request a census record for an incompetent claimant.

StepAction

1

Is the person signing the census request form the claimant's legal representative?

  • If yes, go to step 2 and stop.

  • If no, go to step 3.

2

Include a copy of the representative's proof of appointment with the request

3

Is the person signing the census request a blood relative in the immediatel family (i.e., parent, brother, sister, child), or the spouse who has filed to be the claimant's representative payee:

  • If yes, go to step 4 and stop.

  • If no, go to step 5.

4

Include the following with the request:

  • A physician's statement that the claimant is incompetent (see GN 00502.075), and

  • A statement in thre remarks section of the SSA-1535-U3 or the purpose block of the BC-600 along the following lines:

    “I am the applicant's (wife, husband, or other specified blood relationship) and have filed to be his(her) Social Security representative payee.”

NOTE:  The Bureau of the Census will accept this statement for purposes of requesting the census record; of course, in some cases SSA may eventually select another person to be representative payee for the claimant.

5

Is an institution filing on behalf of an incompetent person as a statutory guardian?

  • If yes, go to step 6 and stop.

  • seIf no, go to step 7.

6

  • Have the administrator or representative of the mental institution (which is by statute guardian of its inmates) sign the BC-600 or SSA-1535-U3, and

  • Include with the request a statement as to the institution's statutory authority of guardianship.

7

If none of the above instructions apply, do the following:

  • Consider the census record to be unavailable, and

  • Document the file as to why no census record can be requested, and

  • Attempt to obtain other evidence of acceptable probative value


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200302780
GN 00302.780 - Request for Search Being Made on Behalf of Incompetent Claimant - 03/23/2012
Batch run: 03/23/2012
Rev:03/23/2012