RS 02807.010 Evidence Required for Payment

Persons who meet the applicability requirements in RS 02807.005 above and meet the minimum evidence requirements in RS 02807.010A through RS 02807.010H below at any point within the 15-day time frame (see RS 02807.025) will be paid under the preliminary payment procedure. See RS 02807.045B. for processing instructions when the evidence is received after 15 days.

In determining whether a claimant meets the evidence requirements for preliminary payments, there need be only some evidence available that payment is due. Subsequently, the additional evidence for a final determination can be secured in the normal claims development process. The following guidelines should be used in satisfying evidence requirements in cases where preliminary payments are being considered.

A. Insured Status

Insured status must be met in order for an individual to receive preliminary payments. When a preliminary payment request has been filed, request an online benefit estimate (ONBE) for retirement or initial survivor claims (see RS 02807.030) or an online MBR for a subsequent claim.

B. Marital Relationship

The allegation of a ceremonial marriage before a minister or public official is sufficient to establish the existence of such a marriage for preliminary payments in the absence of evidence to the contrary. In determining the validity of the alleged ceremonial marriage, the allegation that a prior marriage ended in death or divorce will be accepted even when the exact dates are not known, provided that the claimant states that the termination of the prior marriage(s) occurred before the date of the last marriage.

In any other marital relationship situation, normal development must be undertaken and preliminary payments cannot be made UNLESS the evidence needed to establish a valid marital relationship is received prior to the expiration of the 15-day time frame (RS 02807.025).

C. Child Relationship

The allegation that a child is the legitimate natural child of a male NH on whose record he or she is filing will be accepted provided that there is at least an allegation of a ceremonial marriage and the application reflects that the child was born after the marriage occurred and prior to its termination.

The allegation that the child is the natural child of a female NH, on whose record he or she is filing, will be accepted.

The relationship of a stepchild for preliminary payments is met if there is an allegation of a ceremonial marriage described in RS 02807.010B. which lasted at least 9 months (see GN 00305.100 and GN 00306.230). In any other child relationship situation, normal development must be undertaken and preliminary payments cannot be made to that child UNLESS the evidence needed to establish a valid child relationship is received prior to the expiration of the 15-day time frame (RS 02807.025).

NOTE: When a survivor claim is filed for more than one child, each child's relationship to the deceased NH will be independently evaluated for purposes of determining if preliminary payments to that child may be made.

D. Age

The date of birth (DB) shown on the application will be accepted for all claimants for which an OCRO or MBR record does not exist. OCRO's DB for the NH will appear on the online benefit estimate (ONBE) if the month and year of birth appearing on OCRO's records are not in agreement with the month and year of birth shown on the ONBE request.

  1. When a claimant has a social security number (SSN) and the DB is material to whether a payment is due, the allegation on the application must agree with OCRO records which can be secured by requesting an online Numident Query (see MSOM Part 6, Chapter 207-A).

  2. When the DB is material only to the amount of the payment, the least advantageous DB is to be used.

E. Death

In a survivor claim, primary proof of death of the NH is required. Thus, preliminary payment cannot be made in cases of presumed death or disappearance.

F. Students

The allegation that the child is a full-time student is acceptable in the absence of evidence to the contrary.

G. Dependency

The support requirement for a stepchild meeting the relationship requirement in RS 02807.010C. is met if there is an allegation that the c