TN 26 (12-98)

GN 00306.250 Proof of Death/Disability of Natural or Adopting Parents

A. Procedure — Proof Of Death

Generally the natural or adopting parents will be identified in the evidence obtained per GN 00306.240.

1. Natural Child of NH's or Spouse's Daughter

  1. Establish the death of the natural mother.

  2. If the natural father's identity is known, establish his death.

  3. If the natural father's identity is unknown, try to find it out by contacting the grandchild's mother; the person filing on behalf of the child; the NH; his spouse; or any other readily available person who might be reasonably expected to know. Follow these guidelines:

    • Accept a statement by the grandchild's mother or by the applicant (if the mother is deceased, incompetent, or unavailable) as to the father's identity, in the absence of information to the contrary.

    • If the applicant does not know the father's identity, or there is evidence to dispute the mother's or applicant's allegations, explore other possible sources of evidence (e.g., hospital, church or school records; or a court decree or order) and make a finding of paternity whenever possible.

    • When information in file does not clearly show all efforts to identify the father, document the file regarding the action taken.

    • If you cannot determine the father's identity after full development, assume he was deceased at the applicable time.

  4. If the whereabouts of the identified father are unknown or there is no proof of death, you may not assume that he is deceased, except as provided in GN 00304.050. However, before denying the child's claim:

    • Try to determine the father's SSN (ask the NH for identifying information).

    • Use the DEQY to determine whether the father's ER has postings for a quarter after the one in which the NH became entitled to RIB, DIB, died, or became disabled.

    • If so, or if the parent died after those dates, deny the claim. If not, obtain the name of the father's last known employer from the DEQY and develop accordingly.

    • If you are unable to obtain the necessary information from the DEQY, contact OCRO.

2. Natural Child of NH's or Spouse's Son

  1. Establish the natural father's death.

  2. If the child's BC is not available to identify the child's mother, establish her identity using the same general guidelines for identifying the natural father described in
    GN 00306.250A.1.c. above.

3. Legally Adopted Child of NH's or Spouse's Son or Daughter

  1. Establish the death of both adopting parents.

  2. If neither adopting parent is also the child's natural parent, it is immaterial whether the child's natural parents are deceased.

  3. If one parent adopted his/her spouse's natural child, establish the death of both the adopting parent and the natural parent.

  4. In the rare case in which an individual adopted the child without being joined by the spouse (if any), establish the death of the adopting parent only.

4. Stepchild of NH's or Spouse's Son or Daughter

  1. Obtain evidence to identify and establish the death of the natural or adopting parent to whom the NH's or spouse's child was married. The stepparent need not be deceased.

  2. Establish the death of the child's other natural or adopting parent (if any), if identified by evidence in file. If unidentified, follow GN 00306.250A.1.c. to try to find out the other parent's identity and if he/she is deceased. If reasonable efforts do not identify the child's other parent, assume he/she was deceased at the applicable time.

B. Procedure — Proof of Disability

1. Disability under Title II

If it is alleged that the natural or adoptive parents are disabled:

  1. Determine whether a disability determination has ever been made under section 221 of the Act (HA, DWB, CDB, or freeze).

  2. If the parent is or was disabled as defined in section 223(d) of the Act, check the date of onset on the MBR to determine if he/she was disabled at the time specified in
    GN 00306.235A.1.

  3. Process the claim accordingly.

2. Disability under Title XVI

Consider a parent disabled for purposes of a child's entitlement as a gr