Effective Dates: 04/22/2024 - Present Previous | Next

TN 23 (04-24)

RS 00210.001 Requirements for the Lump-Sum Death Payment (LSDP)

CITATIONS:

Public Law 97-35 Section 2202(a) (i) (A)
Social Security Act, Section 202(i)
404.305, 404.390, 404.392, 404.708, 404.715, 404.721, and 404.760

A deceased number holder’s (NH) surviving spouse or child(ren) may receive a one-time lump-sum death payment (LSDP) of $255.00. The LSDP is not a recurring payment.

NOTE: Individuals filing for the LSDP only are not required to have an SSN.

A. Policy for payment of LSDP

If a person was fully or currently insured when they died, Social Security Administration (SSA) may award a LSDP to the widow, widower, or other survivors as listed in this section. The following describes the three requirements to be eligible for the LSDP:

1. Deceased NH's insured status

The deceased NH must have been fully or currently insured at the time of death for payment of the LSDP. For insured status requirements, see RS 00301.105 through RS 00301.110.

2. LSDP application filed timely

If an application is required, the claimant must file within 2 years after the NH’s death. We will extend the time for filing a LSDP application in certain situations, see RS 00210.005B.5.

3. Order of priority for payment of LSDP

We pay the LSDP to a surviving spouse or child(ren) based on an order of priority. If all factors of entitlement are met, pay the LSDP in the following order:

  1. a. 

    Surviving spouse of the deceased NH who was living in the same household (LISH) at the time of the NH’s death. For more information about the rules and considerations for a LISH surviving spouse, see RS 00210.035.

  2. b. 

    Surviving spouse eligible for or entitled to surviving spouse, mother, or father benefits on the deceased NH’s record the month of the NH’s death. For entitlement requirements for widow(er)’s benefits, see RS 00207.001. For mother or father’s benefit requirements, see RS 00208.001.

    NOTE: 

    A person eligible for or entitled to surviving divorced spouse or surviving divorced mother or father’s benefits is not entitled to receive the LSDP.

  3. c. 

    Child(ren) eligible for or entitled to benefits on the deceased NH’s record the month of the NH’s death. This includes technical entitlement. For entitlement requirements to child's benefits, see RS 00203.001. For a definition of who is considered a "child", see GN 00306.000 Child Relationship and Dependency.

B. Additional requirements to qualify as the surviving spouse for LSDP

To qualify for the LSDP as the NH's surviving spouse, the claimant must have:

  • •

    Surviving spouse status based on a valid marriage to the NH under the laws of the state of the domicile at the time of the NH’s death, see GN 00305.001A.2.; or

  • •

    The same rights as a surviving spouse to share in the distribution of the NH’s intestate personal property under state law; or

  • •

    Status of surviving spouse under the deemed marriage provisions of the Social Security Act. For an explanation of deemed marriage provisions, see GN 00305.055.

Unlike requirements for entitlement to monthly survivor benefits, the claimant does not need to:

  • •

    Be unmarried when applying for the LSDP based on deemed marriage, or

  • •

    Meet the duration of relationship requirement if the claimant and NH were LISH at the time of the NH’s death.

NOTE: 

If LISH is not applicable, the duration of marriage requirements must be met or claimant must meet one of the relationship alternatives in RS 00207.001A.

C. Payment of LSDP based on eligibility for monthly benefits

To qualify for the LSDP based on eligibility for monthly benefits as a surviving spouse, mother, father or child on the deceased NH’s record, the claimant must meet every factor of entitlement for monthly benefits. The claimant is also required to file the LSDP application within two years of the date of the NH’s death.

NOTE: 

Extend the two-year filing requirement for the LSDP if there is “good cause” for failure to file within the prescribed time limit, see RS 00210.030.

If a surviving spouse or child of the NH who may be eligible based on their own disability is filing for the LSDP only and does not want to file for disability-related benefits, it may still be necessary to obtain a disability determination to establish eligibility for the LSDP. For policy on needing a disability determination to establish entitlement to LSDP, see DI 11025.020.

D. References

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

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

GN 00305.001 Determining Family Status

GN 00305.055 Deemed Marriages

GN 00306.000 Child Relationship and Dependency

GN 01701.220 Lump-Sum Death Payment (LSDP) in Totalization Claims

RS 00203.001 Entitlement and Non-Entitlement Provisions for Child's Benefits

RS 00207.001 Widow(er)'s Benefits Definitions and Requirements

RS 00208.001 Mother/Father Definitions and Requirements

RS 00210.005 Evidence Requirements for the Lump-Sum Death Payment (LSDP)

RS 00210.010 Payment of the Lump-Sum Death Payment (LSDP)

RS 00210.030 Good Cause and Lump Sum Death Payments (LSDP)

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

RS 00301.105 Fully Insured Status

RS 00301.110 Currently Insured Status

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0300210001
RS 00210.001 - Requirements for the Lump-Sum Death Payment (LSDP) - 04/22/2024
Batch run: 04/22/2024
Rev:04/22/2024