TN 27 (12-23)

RS 02650.148 Claims for Underpayments Due to Deceased Beneficiaries In Armenia

A. Introduction to claims for underpayments due to deceased beneficiaries in Armenia

Due to the elapsed time since payments were last made to beneficiaries in Armenia, SSA may receive a number of claims for benefits due deceased individuals.

The underpayments due to deceased beneficiaries can be quite large since there are no restrictions on the accrual of benefits to United States (U.S.) citizens and nationals or the accrual of benefits to individuals who meet an exception to the alien nonpayment provision (ANP).

B. Policy on claims for underpayments due to deceased beneficiaries in Armenia

1. General

The individual claiming the underpayment must establish:

  • the deceased beneficiary was entitled to any unpaid benefits (e.g., no deduction or termination events occurred for the underpayment months); and

  • they (i.e., the claimant) meet all the requirements for entitlement to the underpayment.

The U.S. Embassy in Armenia (or other U.S. Embassy or consulate if the claim is filed in another country) must establish the identity of the underpaid claimant(s) in a personal interview conducted by an Embassy representative. The interview may be conducted either at the time the underpayment claim is filed, if it is filed in the Embassy, or when the check is delivered.

2. Nonresident Alien Tax

Underpayments for months after November 1983 are subject to the nonresident alien withholding tax if the individual or estate to whom the payment is made is a nonresident alien. This is true even if the deceased beneficiary was a U.S. citizen. (See GN 05010.300 for a discussion of taxation and underpayments.)

C. Procedure for processing underpayments due to deceased beneficiaries in Armenia

If a request is received for payment of an underpayment due to a deceased beneficiary, examine the NH's claims folder to determine whether it appears that an underpayment exists.

1. No underpayment exists or the claimant is not eligible

Deny the claim if:

  • no underpayment exists; or

  • the claimant would not be entitled to the underpayment.

2. Underpayment exists

If an underpayment exists, obtain proof of the:

  • beneficiary's death;

  • deceased beneficiary's citizenship (as explained in RS 02650.144), if they were a U.S. citizen, or a citizen of a country other than Armenia, and the deceased would meet an exception to the ANP based on that citizenship;

  • deceased beneficiary's entitlement to the benefits for the underpayment months;

    NOTE: Generally, this will be an SSA-21, or other signed statement, completed by the underpayment claimant showing whether any termination or deduction events occurred in those months.

  • claimant's relationship to the deceased if they are filing as the spouse, child, or parent of the deceased beneficiary;

  • citizenship and residence of the underpaid claimant(s), if the claimant(s) is a U.S. citizen or resident (or residence if the claimant(s) is a tax treaty country resident) and the underpayment involves payment for months after November 1983; and

  • claimant's appointment as the legal representative of the deceased's estate, if this is the basis for the underpayment claim.

D. References


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0302650148
RS 02650.148 - Claims for Underpayments Due to Deceased Beneficiaries In Armenia - 12/27/2023
Batch run: 12/27/2023
Rev:12/27/2023