Effective September 1, 1981, the provisions of P.L. 97-35 (enacted August 13, 1981) redefine who can be paid the LSDP if a fully or currently insured wage earner (WE) dies on or after September 1, 1981. Under priority 2 and 3 (see below), a disability determination may be needed to establish eligibility to benefits only, so a survivor can collect the LSDP. The priority of payment is:

1. 1. 

   The surviving spouse of the deceased who was living in the same household as the deceased at the time of death.

2. 2. 

   A person (other than a surviving divorced spouse) who is entitled to (or was eligible for) benefits as a widow(er), mother, or father, on the deceased's record for the month the WE died.

3. 3. 

   A child of the WE who is entitled to (or was eligible for) benefits based on the deceased's record for the month the WE died.

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:

• •

  Send a 6 month closeout notice if a protective filing has been established; or

• •

  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.

See Also:

• •

  GN 00204.010 – Protective Filing

• •

  GN 00202.020 – Processing Leads

• •

  RS 02635.005 – Removal Notices – SSA Receipt and Maintenance

• •

  RS 02635.001 – Effects of Removal (Deportation) on Retirement or Disability Beneficiaries

 

If a disability determination is necessary for a Disabled Widow(er) Benefits (DWB) or Childhood Disability Benefits (CDB) under the 1981 Amendments to establish eligibility to a disability benefit only so the survivor can collect the LSDP, the Disability Determination Service (DDS) of the State in which the DWB or CDB resides has jurisdiction. These cases can be identified by the remark “For LSDP only. WE's date of death (date)” in item 5 of the SSA-3367 (Disability Report – Field Office).

When a case is received because a DWB determination is required to determine entitlement to payment of a LSDP, it will be evaluated under the same criteria used for other DWB claims. In order to pay the LSDP to a DWB, the established onset date must be on or before the first day of the fifth month preceding the month of death of the worker. Such an onset date is necessary because a disabled widow(er) would be entitled to or eligible for a benefit for the month of the WE's death only if the 5-month waiting period had ended prior to the month of death. The date of death of the worker will appear in the remark the Field Office (FO) entered in item 5 of the SSA-3367 (Disability Report – Field Office). For complete DWB instructions, see DI 10110.000 – Disabled Widow(er)’s Benefits (DWB).

When a case is received because CDB determination is required to determine entitlement to payment of a LSDP it will be evaluated, and onset established, under the same criteria used for a regular CDB case. For complete CDB instructions, see DI 10115.000 – Childhood Disability Benefits (CDB).

The SSA-831 is completed in the usual manner for DWB and CDB claims. Enter in Item 34 (Remarks), “For LSDP only - WE’s date of death (mm/dd/yyyy).”

If the DDS makes a partially or totally unfavorable disability determination, the examiner prepares a system generated personalized disability explanation. The explanation is released by the FO, with the award or disallowance notice.