TN 50 (08-23)
GN 00210.600 Same-Sex Relationships - Lump Sum Death Payment (LSDP) Claims
Because of the Windsor and Obergefell decisions, we are now able to process Lump Sum
Death Payment (LSDP) claims involving same-sex marriages and non-marital legal relationships
(NMLR).
A. Instructions for processing LSDP claims
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Step
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Action
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1
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In the field office (FO) and workload support unit (WSU), take the claim in the Modernized
Claims System (MCS).
Go to step 2.
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2
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Determine marital status
Consult GN 00210.002 to determine marital status for purposes of Title II benefits.
If you determine that we will recognize the same-sex marriage or NMLR for purposes
of Title II benefits, go to step 3.
If you determine that we will not recognize the same-sex marriage or NMLR for purposes
of Title II benefits, go to GN 00210.020B for systems instructions to deny the claim.
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3
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Living in the same household (LISH) requirement
Was the claimant LISH, according to the requirements in RS 00210.035?
If yes, go to step 5.
If no, go to step 4.
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4
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Entitlement to surviving spouse benefits
Is the claimant entitled to benefits as a surviving spouse according to the requirements
in GN 00210.100?
If yes, go to step 5.
If no, go to GN 00210.020B for systems instructions to deny the claim.
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5
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When the LSDP claim is filed
Did the claimant file the LSDP claim more than two years after the NH’s death?
If yes, go to step 6.
If no, go to step 7.
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6
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Good cause for failure to file
Do you determine that the claimant meets “good cause” for their failure to file the
LSDP claim within the prescribed two-year limit, as stated in RS 00210.030?
If yes, go to step 7.
If no, go to GN 00210.020B for systems instructions to deny the claim.
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7
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Does the claimant meet all other requirements for the LSDP benefit, as outlined in
RS
00210.001 through RS 00210.050?
If yes, go to GN 00210.020A for systems instructions to award the claim.
If no, go to GN 00210.020B for systems instructions to deny the claim.
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DI 11025.020 Disability Determination Needed to Establish Entitlement to Lump-Sum Death Payment
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RS 00210.001 Field Office (FO) and Program Service Center (PSC) Requirements and Definitions of
Lump-Sum Death Payment (LSDP)
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