Example 1 – Delayed claimant with a valid application
James lists their child, George , on their initial application. James’ application
is ready for adjudication along with the claims for their spouse and two younger children.
George lives in a separate household with their parent.
We are able to reach George’s parent to obtain a valid application for benefits. However,
George is missing the student verification to prove they are eligible for benefits,
and it is going to take weeks before they are able to provide us the proof. Therefore,
process George as a delayed claimant because:
-
•
The parent who George lives with is the proper applicant and filed a valid application,
and
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•
We are developing at least one factor of entitlement for George (student verification),
and
-
•
An immediate payment is due to the other auxiliaries (George’s stepparent and siblings),
and
-
•
We adjust the benefit amounts of the other entitled auxiliaries because of George’s
entitlement (since the family maximum is involved).
Example 2 – Delayed claimant has a protective filing, but no valid application
James died on 11/12/15. Their ex-spouse, Martha, filed for benefits for two children.
They also informed us of a third child, Sarah, living in another state with their
parent. Martha provided us with the contact information of Sarah’s parent.
We have been unable to reach Sarah’s parent to obtain their application. By listing
Sarah on the application with the other two children, Martha establishes a protective
filing for Sarah.
Since we have a protective filing for Sarah, immediate payment is due to Martha’s
children, and the family maximum is involved, pay Martha’s children as if Sarah had
filed an application to avoid overpayments for the two entitled children. Establish
and process a delayed claim in MCS for Sarah using placeholder information. Send Sarah’s
parent a 6-month closeout notice and store the notice in ORS.
Example 3 – Claimant is a lead
Same scenario as Example 2, except that Martha only thinks there is another child,
and they cannot provide enough information to identify the child. This is a lead, not a protective filing.
Initiate development for possible benefits for this child. If you are unable to confirm
the existence of the child, then do not adjust the benefit amount when processing the award for Martha and the two other
children. Document the development and dispose of the lead per GN 00202.020H. If we subsequently receive an application for this child and we establish entitlement,
process the award as a late filer under the 202(j)(1) provision. For processing late filings, see RS 00615.760.