DI 33010.060 Claimant Dies Before Determination Made on Request for Reconsideration — Disability Cessation
1. DHU notified of claimant's death
Follow a. and b. below when the DHU is notified of the claimant's death.
Notify the office with jurisdiction of the claims folder.
Apply the following instructions if notification was received by a source other than the FO or another DHU:
call the FO immediately to report the claimant's death,
review the claims folder, if in DHU, for leads to a substitute party and advise the FO accordingly,
flag the claims folder to show that the hearing decision is pending receipt of an SSA-770-U4 (see DI 29005.025 for additional information on this form), and
inform the DDS of the claimant's death if they have the claims folder.
2. Upon receipt of SSA-770-U4
Proceed with the hearing process using the information on Form SSA-770-U4. See 3 below if the party wants to withdraw the reconsideration.
3. SSA-770-U4 shows withdrawal requested
When the SSA-770-U4 shows a withdrawal has been requested:
review the case,
return the claims folder to the FO and update the case control system if no purpose would be served in processing the reconsideration, and
cancel the hearing process upon receipt of a copy of the notice the FO sends to the party advising that the withdrawal has been approved.
4. Substitute party not located
When a substitute party is not located:
resume case processing based on the RC received from the FO showing a substitute party cannot be located,
handle as a waiver of appearance case, and
send the notice of reconsidered determination to claimant's next of kin, when known. If unknown, send to “Next of Kin of (name of deceased) ”, and direct to decedent's last known address.
FO instructions are in DI 12026.025 B.7.
DDS instructions, including the general operating policies, are in DI 29005.025.