Develop prior or potential entitlement to Social Security benefits where the widow(er) was married to the NH for less than 9 months and does not meet any of the other requirements in RS 00207.001.

Secure proof of all pertinent factors of entitlement for such benefits (see RS 00207.001B.2.) where the widow(er) alleges prior or potential entitlement as a divorced spouse or surviving divorced spouse.

When a claimant age 62 or over is entitled to spouse's benefits and the FO receives notice of the NH's death from other than the PC, if it appears that RR employment is involved, the FO will:

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  Follow instructions in GN 02602.050;

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  Follow MS 00705.018 for completing the appropriate screen to collect information about the number holder’s death;

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  Complete the EVID screen if required per instructions in GN 00301.286C;

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  If it appears that the deceased NH is vested under the RRB, instruct the surviving claimant to contact the nearest RRB field office to inquire about filing for RRB survivor benefits;

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  Tell the claimant there may be a slight delay in the adjudication of the claim because the spouse's RR and Social Security earnings records (ER's) must be combined to determine the amount of the benefits since the law prevents anyone from receiving survivor benefits under both programs.

An RRB survivor jurisdiction determination is needed in order to pay survivor benefits. RRB notifies SSA when a widow(er) of an RR employee elects the residual lump sum and the deceased RR employee had one or more quarters under SSA. If a survivor is entitled to a lump sum death payment (LSDP) or survivor’s monthly annuity under the RRA, SSA will not pay the LSDP or survivor benefit to any person based on the NH's account. It is important that the widow(er) not expect to receive the checks immediately nor expect to receive survivor benefits from both agencies. For further discussion of RR residual payments, see RS 01602.225.

Follow the instructions in RS 01602.200 where it is necessary to establish entitlement or potential entitlement to a widow(er)'s, annuity under the Railroad Retirement Act (RRA).

Follow GN 00305.170 to determine when the validity of divorce or marriage should be questioned and evidence required.

If a person applying for entitlement to widow(er)'s benefits has remarried, include the later marriage in the Beneficiary Marriage (BMAR) screen per MS 00705.007 on Modernized Claims System (MCS) or Electronic Form 101 (EF101):

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  Consider possible entitlement on the later spouse's ER. If a claim was filed on the later spouse's ER, it will not be necessary to resubmit any evidence already included with that claim. The FO or PC will cross-refer the appropriate SSN for verification.

If the later marriage is one which would preclude entitlement and the claimant alleges the marriage has ended, obtain proof of termination (death certificate or copy of divorce or annulment decree).

If the marriage is still in effect, obtain proof of the marriage to establish that it occurred after the required age (and after onset of disability or entitlement to disabled widow(er)'s benefits, if either requirement is applicable). (See GN 00305.020 through GN 00305.030.)

For related policy, see RS 00207.003A.

Obtain a statement from the widow(er) whether they ever:

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  obtained a divorce from the NH, or

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  was served with a notice of a divorce proceeding, or

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  was notified that the NH was trying to get a divorce.

Further development that the widow(er)'s marriage continued until the NH died is not necessary if there is no evidence to the contrary.

If after the separation the widow(er) or the NH lived with another person and they were known as a married couple, verify that the marriage between the widow(er) and NH was not terminated.

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  Secure statements from relatives or other persons who knew about the parties' marital status and their places of residence following the separation.

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  Fully develop any indication that the widow(er) and the NH were divorced or remarried.

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  If the evidence is not sufficient for a determination, inform the widow(er) that they must submit statements from the appropriate clerks of court that there is no record of a divorce. As explained in GN 00305.040, these statements must cover all places of their residence and all known places of the NH's residence during the separation.

If the claimant does not know whether the NH is living or dead, complete a Form SSA-10-BK (Application for Widow's or Widow(er)'s Insurance Benefits) or in the claims path in Modernized Claims System (MCS).

If MCS, MBR or PCACS does not show a prior claims action and proof of death is not submitted:

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  Disallow the claim using MCS EC, and code 29, “Death of NH not established,” as the reason for disallowance for documentation.

In contacts with the applicant, be careful not to disclose information as to the NH's whereabouts or any other confidential information. If it is established that the NH is dead, apply the rules in GN 03315.000. If the NH's death is not established, disclose only the information permitted by GN 03315.000. Do not disclose the NH's SSN or use it in communicating with the applicant before they receive notice of final disposition of the claim unless the applicant furnished the correct SSN when inquiring about benefits.

GN 00304.100, Use of Numident Death Data

RS 00207.003, How Marriage Affects Widow(er)’s Benefits

RS 01602.005, Overview of Processing Claims with Railroad Earnings