TN 9 (12-04)
SI 02101.005 SSI Underpayment Due - Individual Deceased - Surviving Spouse Member of an Eligible Couple
A. Policy - General
1. To Whom Payable
If a surviving spouse was a member of an eligible couple (see SI 00501.154 for definition) with the deceased individual in the month of death, he/she will be paid any underpayment due the deceased after priority is given to any collectible overpayments, collectible penalty, and IAR agreement and direct payment of authorized representative fees. See SI 02101.002A.1. for priority of payment order when direct payment of representative fees are paid.
2. Payment Made by Direct Deposit to Joint Account
If payment was by direct deposit and the members of the couple were joint owners of the account, payments to the account for months after death in the name of the deceased are overpayments to the surviving spouse (joint owner). The amounts of such overpayments will be used in computing the underpaid amount.
3. No Payment Limitations
Payments to the surviving eligible spouse, who was a member of an eligible couple in the month of death, are not limited to June 1986 and later months. The 24-month requirement for requesting a payable underpayment does not apply.
B. Policy - Related Issues
1. Not Member of Eligible Couple in Month of Death
A surviving spouse who was a member of an eligible couple with the deceased individual only for months before the month of death does not qualify for an underpayment as the surviving member of an eligible couple. This spouse can qualify only under SI 02101.006.
2. Collectible Overpayments
If there are any overpayments to either member of an eligible couple for which recovery has not been waived, they should be considered in computing the underpaid amount. This includes any overpayment resulting from direct deposit into a joint account.
NOTE: When direct payment of authorized representative fees will be paid by SSA and there is a prior collectible overpayment on the record, the priority of payment order is:
See GN 03920.000, GN 03930.000 and GN 03940.000 for payment instructions.
3. Underpayment Went for IAR
If the eligible spouse would have received the underpayment but for the higher priority given to IAR or direct payment for representative fees, the spouse should be sent a notice explaining the disposition of the underpayment and appeal rights on form SSA-L8166-U2.
If the underpayment is to be paid to the surviving member of an eligible couple, refer to SM 01311.675 for the systems procedures.
2. Whereabouts Unknown
If the whereabouts of the surviving spouse are unknown, follow the procedures in SI 02301.240.