TN 5 (04-90)

RS 01301.235 Establishing Good Cause for Filing Proof of Support

A. PROCEDURE - PRIOR TO “GOOD CAUSE” DEVELOPMENT

Ascertain whether the claimant meets all other requirements for entitlement. If some other requirement is not satisfied, do not develop “good cause.”

B. PROCEDURE - DEVELOPING GOOD CAUSE

1. Development Applicable In All Cases

  • Ask the reason for not filing within the specified period and obtain a signed statement.

  • Consider any pertinent information in SSA's records.

2. Individual Alleges No Timely Filing Because Not Aware of Time Limitation or Possible Payment

Obtain an SSA-795 including the pertinent circumstances and the claimant's belief regarding the situation.

Include in the file available information or observations on items such as are listed below, which will substantiate or refute the allegations. Apply only those factors which are pertinent to the case.

  • Evidence that the claimant was informed of the 2-year period for filing;

  • Degree of intelligence and education;

  • Ability to remember;

  • Credibility;

  • The reasonableness of the contention;

  • The likelihood that the claimant did not grasp technical provisions;

  • The possibility of misunderstanding instructions given the claimant; and

  • Agreement or disagreement of allegations with other information.

3. Individual Resides Outside the U.S.

If such a person does not file proof of support within the specified period, inform him/her of the good cause provisions but do not initiate development of good cause unless the person alleges there was good cause for failing to file timely. If such a request is received, proceed in the same manner as in RS 01301.235B.1. and RS 01301.235B.2.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0301301235
RS 01301.235 - Establishing Good Cause for Filing Proof of Support - 07/24/2002
Batch run: 01/27/2009
Rev:07/24/2002