BASIC (09-08)
DI 23510.040 Determination Paragraph, Death after Filing – Title XVI (Chart)
A. Determination paragraph to use when the claimant dies after filing
Use this chart to determine the correct determination paragraph, i.e., element 3 of the personalized disability explanation:
| Basis for determination | Reg. basis code shown in Item 22 | Determination paragraph (See NL 00708.100 Numbered Paragraphs) |
|---|
Impairment not severe at time of death – Medical consideration alone | N30 N41 | 330.3 1351, 330.3 |
Capacity for substantial gainful activity (SGA) – any relevant past work | N31 N42 | 330 1351, 330 |
Capacity for SGA – other than relevant past work | N32 N42 | 330 1351, 330 |
Impairment prevented SGA for a period of less than 12 months | N34 N45 | 331.1 1351, 331.1 |
Impairment prevents SGA at time of adjudication/death, but is not expected to have prevented SGA for a period of 12 months | N35 N46 | 331 1351, 331 |
Insufficient evidence furnished | N36 | 341 |
Failure or refusal to submit to a consultative examination (CE) | N37 | 342 |
Applicant does not want to continue development of the claim | N38 | 343 |
Applicant willfully failed to follow prescribed treatment | N39 | 381 |