Termination of SSI payments due to death is an actual (i.e., not “deemed”) initial determination that does not require a notice. Therefore, upon discovery of an erroneous death determination, the determination can be reopened
and revised during the 2-year period after the date of the initial determination (i.e., the date the death termination
data were input to the SSI system) under the rules of administrative finality. Proof
that the claimant/recipient is still alive is always new and material evidence. (See GN 02602.055 — If an Individual Deceased on SSA Records
is Alive)
If more than 2 years have passed since the erroneous death termination action, see the example in SI 04070.010A.2. and GN 03101.010 – Time Limit for Filing Appeal and GN 03101.020 – Good Cause for Extending Time Limit, about filing a request for reconsideration
based on establishment of good cause for late filing. This should be granted because
there was no notice of termination due to death. (SSA's Goldberg/Kelly procedures
provide written advance notice before termination of a living recipient's eligibility.)