TN 19 (03-93)

HI 00805.152 Examples of Deemed IEP

Rule a. DB allegation and a document agree

Marty Keith files in 4/85. He alleges he was born 7/17/20 and submits two documents. One shows 7/18/20, the other 6/12/18. After development, his DB is established as 6/12/17.

For deemed IEP purposes, 7/17/20 will be used because he submitted a document that agrees with his allegation.

Rule b. Vague DB allegation

Joan Martin files in 7/85. She presents 3 documents showing 8/12/19, 8/ 12/20, and 8/12/22. She does not know which document is correct, but believes she is between age 62 and age 65.

Her DB is finally established as 8/12/18 based on “best evidence” obtained for her by the social security office. For deemed IEP purposes, 8/12 /19 will be used because it is closest to the correct DB.

Rule c. Definite allegation but no proof of it

Dan Arge alleged he was born in 1922 (month unknown) when he filed for RIB in 10/84. He was unable to submit evidence of the alleged DB but two documents were obtained which indicated that he was born January 1920 and December 1921 respectively.

His DB was eventually established as November 1916. For deemed IEP purposes, January 1920 will be used as described in Rule c., with the month of birth established as indicated in HI 00805.151, item 2.

Since Mr. Arge filed in 10/84, his SMI will begin with 1/85, the month he is “deemed” to attain age 65.

Rule b. Vague DB allegation

Ken Overfell stated he was unsure of his DB and refused to make an allegation when he filed in 9/84, other than to say that he was about age 65. He submitted two documents which showed his DB as 10/17/17 and 10/17/19.

His DB was established as 10/17/18. The DB for deemed IEP purposes will be established as 10/17/19.

Rule d. All documents show age 65 or over in IEP

Joe Hendricks filed in 12/82, alleging that he would be age 65 in the following month. He has no documentary evidence of this, but the FO helps him obtain two documents. Both show that he is past age 67. Additional development reveals that he is actually going to attain age 68 in 1/83.

According to Rule d., no deemed IEP will be established because there is no evidence of his allegation and none of the documents obtained show that he was under age 65 during his actual IEP.

Rule c. Definite allegation but no proof of it

Whitney Hertz filed in 3/83, alleging that he was born in December 1916. Documents submitted or obtained showed December 1914, 1915, and 1917. December 1914 is established as his DB based on best evidence.

Use December 1915 as the DB for deemed IEP purposes. Since Mr. Hertz is well past his IEP, establishing the deemed IEP will affect only the amount of the premium surcharge for late enrollment (see HI 00805.154).

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HI 00805.152 - Examples of Deemed IEP - 03/17/1993
Batch run: 06/05/2015