TITLE 20 - EMPLOYEES' BENEFITS

CHAPTER III - SOCIAL SECURITY ADMINISTRATION

PART 404 - FEDERAL OLD - AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )

subpart g - FILING OF APPLICATIONS AND OTHER FORMS

404.615 - Claimant must be alive when an application is filed.

A claimant must be alive at the time an application is filed. There are the following exceptions to this general rule: (a) If a disabled person dies before filing an application for disability benefits or a period of disability, a person who would be qualified to receive any benefits due the deceased may file an application. The application must be filed within 3 months after the month in which the disabled person died.

  (b) If a written statement showing an intent to claim benefits is filed with us, but the person for whom the benefits are claimed dies before an application is filed, an application may be filed as explained in 404.630(d).

  (c) If a person who could receive benefits on the basis of a deemed filing date of an application under 404.633 (b)(1)(i) or (b)(2)(i) dies before an application for the benefits is filed, the application may be signed by a person who would be qualified to receive any benefits due the deceased person as explained in 404.633 (b)(1)(ii) and (b)(2)(ii).

[44 FR 37209, June 26, 1979, as amended at 59 FR 44923, Aug. 31, 1994; 61 FR 41330, Aug. 8, 1996]