Establish LISH for the month of the NH's death. Assume LISH if the check addresses were the same for the spouse and the deceased, unless one spouse was the representative payee for the other.

No development is necessary to find a possible LISH spouse if we are converting a legal spouse receiving auxiliary benefits on the NH's record to widow(er)'s benefits. Pay the LSDP to the entitled widow(er). If two spouses (e.g., a deemed and legal spouse) are entitled for the month of death, pay the LSDP to the LISH spouse.

Develop whether the claimant qualifies as a LISH surviving spouse or an eligible or entitled widow(er), mother, or father. Once we establish that the claimant meets LISH, eligibility or entitlement, we may pay the claimant the LSDP.

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  Develop marital status (see GN 00305.005 for development guidelines).

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  If more than one spouse (as defined for Social Security purposes, e.g. a legal and a deemed spouse), exists, determine which claimant was actually LISH and pay that claimant the LSDP.

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  If neither claimant was LISH but one is or was eligible for benefits on the NH's earnings record for the month of death, pay that claimant the LSDP.

NOTE: It is possible to have two surviving spouses (e.g., a legal spouse and a putative spouse) who are both eligible for the LSDP, though neither was LISH.

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  If we require an application and no monthly benefits are payable, establish the Lump Sum in the Modernized Claims System (MCS) or use SSA-8-F4, Application for a Lump-Sum Death Payment. NOTE: When the claimant is filing for the LSDP only and does not have an SSN, see coding instructions in MS 03505.009 (9-C).

  An application for monthly benefits is also an application for the LSDP. A widow(er) or child who has filed an application for monthly benefits need not file an SSA-8-F4 for the LSDP.

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  If we require an application, the claimant must file it, (with certain exceptions), no later than the second anniversary of the NH's death. If the last day for filing is Saturday, Sunday, a legal holiday or other Federal non-work day, file the application on the next full workday.

The following table contains situations requiring exceptions to the 2-year filing period for applications.

Exceptions to the 2-year period for filing an application

If a NH dies who was also entitled to spouse's benefits on the record of the lump-sum applicant, take an abbreviated Lump-Sum claim on MCS. If unable to establish the claim on MCS, elicit responses to only the following items on the SSA-8 (Application for Lump-Sum Death Payment) (items 1-5 and item 11):

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  name of deceased,

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  SSN of deceased,

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  name of applicant,

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  date and place of death, and

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  SSNs (and corresponding names of number holders) on which deceased was entitled to benefits

Additionally, complete the signature block and any other information that may, in unusual situations, affect entitlement or eligibility.

NOTE: This application process does not apply to cases that automatically convert to survivor benefits. For information on Widow(er)’s Benefits-Conversion of Benefits-Policy, see RS 00207.005. For information on Spouse’s to Mothers/Father’s Benefits, LS Award, and Change of Payee for Children, see RS 00208.090.

Establish a claim for the LSDP in MCS. If unable to establish a claim in MCS, file a Form SSA-8 (Application for Lump-Sum Death Payment) if the claimant is a child who is not currently filing a claim for monthly benefits. This application process applies even if the child was receiving child’s benefits while the NH was alive.

Each child must apply to receive a share of the payment. When there is more than one child applying for payment, use one application. The form must contain Form SSA-8 for more than one child. The proper applicant must sign the form and include either

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  a signature by a proper applicant and an explanatory statement in the remarks listing the names of the children involved; or

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  the claimants’ names in item 2.