If the underpaid beneficiary is deceased, we first apply any amounts due the deceased
beneficiary against any overpayments owed by the deceased beneficiary, unless we have
waived recovery of the overpayment(s), as stated in GN 02301.065. We must then issue any remaining underpayment using the following order of priority:
Issue payment to the deceased’s
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If
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l. Surviving spouse
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They were:
-
•
living in the same household (LISH) as the deceased at the time of death, or
-
•
for the month of death, entitled to a monthly benefit on the same earnings record
as the deceased beneficiary.
NOTE: A surviving divorced spouse does not qualify for an underpayment under this provision.
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2. Child(ren)
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For the month of death, they were entitled to a monthly benefit on the same earnings
record as the deceased beneficiary.
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3. Parent(s)
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For the month of death, they were entitled to a monthly benefit on the same earnings
record as the deceased beneficiary.
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4. Surviving spouse
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They are not qualified under #1 of this chart.
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5. Child(ren)
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They are not qualified under #2 of this chart.
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6. Parent(s)
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They are not qualified under #3 of this chart.
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7. Legal representative of the deceased beneficiary’s estate
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They are representing the deceased person's estate as an administrator or executor.
However, other persons may also qualify as legal representatives. For policy on who
can act as a legal representative, see GN 02301.035.
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NOTE: For more information about establishing a relationship as a surviving spouse, child,
or parent, see GN 02301.055C and GN 02301.055F.
NOTE: An adult convicted of the felonious and intentional homicide of another person cannot
be entitled to monthly benefits or the Lump Sum Death Payment (LSDP) on the earnings
record of that person, or receive any underpayment due the deceased person. Effective
March 1982, the same restrictions apply to juveniles. For policy on forfeiture of
entitlement due to homicide of the worker, see GN 00304.060.