POMS Reference

RS 00207: Widow(er)'s Benefits

TN 22 (04-09)

The following chart provides the documentation required for widow(er)’s or surviving divorced spouse’s benefits.

Refer to DI 10110.001 for the proofs required and necessary development for disabled widow(er)’s benefits.

Documentation

When Required

References

Age of widow(er) or surviving divorced spouse

Always

EXCEPTION: See reference for criteria.

GN 00302.001

GN 00302.030

Age of number holder (NH)

Only when it affects

insured status, or

Primary Insurance Amount (PIA), or

when required quarters depend upon year NH attained age 72 .

GN 00302.001

Death of NH

Always, unless established in a prior claim or a conversion of benefits is involved.

GN 00304.001
GN 00305.105A.2.
RS 00207.005

Marriage

Always unless established in a prior claim (includes the statements on a prior Form SSA-2-F6 and Form SSA-3). Do not assume marriage was established in a prior LSDP claim.

  • To establish marriage lasted 10 years.

  • To question validity of marriage.

GN 00305.020
GN 00305.035
GN 00305.050
GN 00305.065

RS 00207.006

GN 00305.170

GN 00305.180

Remarriage and
termination of
remarriage

If a widow(er) or surviving divorced spouse seeks to qualify following remarriage.

or to establish the remarriage occurred after the required age.

REMEMBER: A widow(er) who married prior to age 60 or 50, for disabled widow(er)s, and the marriage subsequently ended is considered unmarried in the month in which the marriage ended.

RS 00207.003

RS 00207.006E

Living in the same household (LISH)

Always if a deemed marriage is involved. For payment of the LSDP, LISH would have to be established only if the widow was not entitled to or eligible for benefits in the month the NH died.

RS 00210.005
RS 00210.035

Medical Development

Always, when a widow(er) or surviving divorced spouse is claiming benefits based on disability.

RS 00207.001B.3.

Wages and SEI

Always, unless PIA has been established. A certified E/R is needed.

RS 00207.004, RS 01403.005, RS 00301.105B

Selection of
Representative Payee

If claimant is incapable of handling funds.

GN 00502.100

Adoption

When widow(er)'s eligibility depends upon adoption of child.

GN 00306.145

Application

Always, unless a conversion from spouse's benefits is involved or a dually entitled A/B elects a reduced widow(er)'s benefit (Form SSA-4111).

RS 00207.005

Proof of divorce from NH

When claimant is filing for surviving divorced spouses benefits.

GN 00305.140 -
GN 00305.165

Support

If GPO is involved.

GN 02608.104 through GN 02608.106

Form SSA-1473,
Request for Railroad
Annuity Information

When it is necessary to determine if the claimant was entitled or potentially entitled to a Railroad annuity in month prior to his/her marriage to the NH.

RS 00207.006B

Form SSA-21,
Supplement to Claim of
Person Outside the
United States

When widow(er) or surviving divorced spouse lives outside the U.S. or intends to leave the United States.

GN 00205.170-
GN 00205.185,
GN 00203.005C.3.,
GN 02401.080

U.S. Citizenship

See references for criteria and exclusions.

GN 00303.300

GN 00303.320

Development - Resolve any discrepancies between the date of prison conviction or confinement and the date of death for the deceased NH.

PUPS skeleton record exists on the SSN for the deceased NH and MBR that reflects "A RECORD IS PRESENT ON THE PRISONER UPDATE PROCESSING SYSTEM DATABASE FOR BOAN:XXX-XX-XXX, JOHN DOE, BIC-X."

GN 02607.500