For payment based on eligibility to monthly benefits, the claimant must meet every factor of entitlement for monthly benefits except filing a timely application. If the claimant does not meet all the factors other than the application requirement, the claimant cannot receive the Lump Sum Death Payment (LSDP).

If there is more than one widow(er) entitled to the LSDP, divide the LSDP equally between the widows(ers).

NOTE: Entitlement to a DIB which equals or exceeds the deceased wage earner’s (DWE) PIA, does not preclude a widow(er)'s entitlement to the LSDP.

To pay the LSDP to an eligible or entitled child of the NH under the third priority of payment, we must determine that:

• •

  no spouse exists who is eligible for the LSDP, and

• •

  the child is entitled to (or was eligible for) child’s benefits based on the NH's Earnings Record for the month of the NH's death.

If the spouse to whom the LSDP was payable dies before receiving the check you may pay the LSDP to an individual(s) in a lower priority category for payment. If the only eligible or entitled individual also dies before receiving the LSDP, pay no LSDP. The LSDP is not an underpayment (See GN 02301.001)

NOTE: The fact that a spouse survived the NH does not necessarily preclude payment of the LSDP to someone in a lower category of payment. For example, an eligible child may apply and receive the LSDP following the death of the NH even if an eligible spouse survived the NH, provided the spouse is now deceased and did not already receive the LSDP.

If the spouse or child dies after receiving the LSDP check but before cashing it, the LSDP becomes an asset of that individual's estate, distributed only to the legal representative of the estate. For developmental instructions, see GN 02408.650. For the definition of legal representative, see GN 02301.035.

For payments based on eligibility to benefits for the month the number holder died, establish evidence of age, relationship, and other factors of entitlement, including disability (non-LISH widow(er) age 50 to 60) as if the LSDP claimant is applying for monthly benefits.

EXAMPLE: The NH is deceased. His widow, age 58, was not LISH but alleged being disabled. She elected not to apply for disabled widow’s benefits (DWB) but applied for the LSDP. To evaluate her eligibility for the LSDP, SSA must determine whether the widow was disabled and otherwise eligible for DWB benefits for the month of the NH's death. However, no disability development is necessary if, for other reasons, the widow could not qualify for the LSDP.

To obtain any eligibility information not shown on the SSA-8 (Application for Lump-Sum Death Payment) or on documentary evidence in file, use one of the following forms:

• •

  SSA-795 or RMKS Screen of Application Summary for Lump-Sum Death benefit;

• •

  SSA-5 (Application for Mother’s or Father’s Insurance) or RMKS Screen of Application Summary for Mother’s or Father’s Insurance benefits; or

• •

  SSA-10-BK (Application for Widow’s or Widower’s Insurance Benefits) or RMKS Screen of Application Summary for Widow’s or Widow(er)’s Insurance benefits.

1. a. 

   Contact the spouse to determine whether he or she is eligible for the LSDP (instead of the children).

2. b. 

   If the information that we have already received indicates the spouse is not eligible,  pay the LSDP to the child(ren) without attempting to contact the widow(er). If the widow(er) later files, treat his or her claim as an adverse claim.

   EXAMPLE: A child applies for the LSDP, indicating (1) he is the only child of the DWE, (2) the surviving spouse is 42 years old, and (3) the spouse has not lived with the deceased or the child for many years. In this situation, we may pay the child the LSDP without contacting the widow.

3. c. 

   If the surviving spouse will not cooperate:

   • •

     advise the spouse by letter of the priority of the payment of the LSDP;

   • •

     advise the spouse that if he or she does not submit a statement within 30 days, the LSDP will be paid on the basis of whatever evidence we have;

   • •

     if no reply is received within 30 days, pay the LSDP based on whatever evidence is available;

   • •

     if an application is later received from the surviving spouse, handle it as an adverse claim.

Make a determination on payment of the LSDP based on whatever evidence is available.

Use a Report of Contact or the Remarks portion of the application to document the claims file. Briefly explain why a widow(er)’s claim is not in the file. If the claims file already shows that no surviving spouse exists, there is no need to document the claims file.