Effective Dates: 06/12/1994 - Present Previous | Next

TN 3 (09-19)

DI 33010.060 Beneficiary (or Recipient) Dies Before Disability Hearing Unit (DHU) Determination is Made

A. Processing hearing determination upon notification of death

1. Notify the office with jurisdiction of the claims folder

Inform the disability determination services (DDS) of the claimant's death if they have the claims folder.

2. If the field office (FO) has not been notified

  1. a. 

    Call the FO immediately to report the claimant's death,

  2. b. 

    If the claims folder is in DHU, review for leads to a substitute party and advise the FO accordingly,

  3. c. 

    Flag the claims folder to show that the hearing decision is pending receipt of an SSA-770 Notice Regarding Substitution of Party Upon Death of Claimant Reconsideration of Disability Cessation,

  4. d. 

    Consider postponing the hearing. See DI 12026.025E.6.a.

3. Substitute party is located by the FO

a. The substitute party wishes to continue with the hearing

  1. 1. 

    Proceed based on information contained on the SSA-770 Notice Regarding Substitution of Party Upon Death of Claimant Reconsideration of Disability Cessation.

  2. 2. 

    Notify the substitute party about the possibility that the disability hearing officer (DHO) could issue a fully favorable determination without conducting a hearing based on available evidence.

b. The substitute party wishes to withdraw the request for a reconsideration

  1. 1. 

    Notify the substitute party about the possibility that the DHO could issue a fully favorable determination without conducting a hearing based on available evidence.

  2. 2. 

    Process the determination if a favorable determination is warranted.

  3. 3. 

    If no purpose would be served in processing the reconsideration,

    1. a. 

      Return the claims folder to the FO,

    2. b. 

      Update the case control system, and

    3. c. 

      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 by FO

When a substitute party is not located:

  1. a. 

    Resume case processing based on the FO's report of contact showing a substitute party cannot be located,

  2. b. 

    Handle as a waiver of appearance case, and

    1. 1. 

      Send the notice of reconsidered determination to claimant's next of kin, when known or

    2. 2. 

      If unknown, send to “Next of Kin of (name of deceased) ”, and direct to decedent's last known address.

B. References

  • •

    DI 12026.025 Field Office (FO) Processing Guidelines in Requesting a Reconsideration for a Medical Continuing Disability Review (CDR) Determination

  • •

    DI 12095.065 SSA-770 (Notice Regarding Substitution of Party Upon Death of Claimant - Reconsideration of Disability Cessation)

  • •

    DI 29005.025 Individual Dies before a Determination is made on a Request for Reconsideration Continuing Disability Review (CDR)

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0433010060
DI 33010.060 - Beneficiary (or Recipient) Dies Before Disability Hearing Unit (DHU) Determination is Made - 06/12/1994
Batch run: 09/05/2019
Rev:06/12/1994