A LSDP is not payable if the Number Holder (NH) was in alien nonpayment for the month
before death because of his/her absence from the U.S. When the LSDP is not payable
because of the alien nonpayment provisions, disallow the claim.
Do not discourage potential claimants from filing an application where it appears that the 5 year U.S. residency requirement or an alien exception
may not be met.
If extensive development is necessary for entitlement of the dependent/survivor, even though payment outside the U.S. would not occur, explain fully to the claimant
the effect of his/her filing. If the claimant decides not to file an application:
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Send a 6 month closeout notice if a protective filing has been established; or
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Secure a signed statement on a SSA-795 to dispose of the claims lead.
The LSDP is not payable on the record of a WE who dies in or after the month SSA receives
notice of his or her removal under conditions requiring the suspension of title II
retirement or disability benefits.
NOTE: The LSDP can be made if the WE was granted Lawfully Admitted for Permanent Residency
(LAPR) status at any time after the removal through the month of death.
See Also:
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RS 02635.005 – Removal Notices – SSA Receipt and Maintenance
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RS 02635.001 – Effects of Removal (Deportation) on Retirement or Disability Beneficiaries