TN 12 (08-23)

DI 28095.055 Disability Determination Service (DDS) Actions if the Claimant Dies Before a Determination

In cases when the disabled individual dies and the DDS makes a determination of retroactive cessation, contact the field office (FO) to request termination of benefits and to develop for a survivor or a qualified substitute party (for example a surviving spouse, parent, administrator or executor of the estate) to receive the notice(s).

If a claimant files a survivor claim or we locate a qualified substitute party, the DDS will prepare and release the notice of an unfavorable determination. The DDS will also prepare a personalized attachment written in the third person. Prepare the notice written in the third person by using the language in DI 28095.105 Title II Medical Cessation Notices Chart and DI 28095.110 Title XVI Medical Cessation Notices Chart.

NOTE: For an electronic case add an alert or message to the “Alerts and Messages” section of the certified electronic folder (CEF), see DI 281020.080.

When you cannot locate a survivor or qualified party, the will FO prepare a SSA-5002 (Report of Contact) and forward it to the DDS to attach to the case. The DDS will process the case upon receipt of the SSA-5002 (Report of Contact).

Do not prepare a determination notice when a claimant does not file a survivor claim or we did not locate a qualified substitute party. The DDS will prepare a personalized attachment written in the third person when there is an unfavorable determination. Place the personalized attachment in the file or add to the certified electronic folder. The processing center (PC) is responsible for preparing and releasing the determination notice with the personalized attachment if a claimant files a survivor claim or we locate a qualified substitute party. For language in the notice, the PC will use DI 28095.105 Title II Medical Cessation Notices Chart and DI 28095.110 Title XVI Medical Cessation Notices Chart.