POMS Reference

RS 00208: Mother's and Father's Benefits

TN 9 (10-93)

Policy

1. General

Medicare entitlement (based on deemed entitlement to DWB) will terminate if an event occurs which will terminate the deemed DWB entitlement. Medicare will terminate with the later of either the month the event occurred or the month following the month in which a notice is sent to the claimant that he/she is no longer entitled to deemed DWB entitlement.

2. Cessation of Disability

Although a claimant may continue to be entitled to mother's/father's benefits if he/she recovers from the disability, the claimant will no longer qualify for Medicare as a disabled person.

3. Remarriage

Remarriage will terminate Medicare entitlement. If the mother's/father's remarriage occurs after age 60, or after age 50 and the claimant is disabled, he/she can (by filing an application) become entitled to benefits as a disabled remarried widow(er). If the application for DWB is filed no later than 12 months following the month of marriage, Medicare protection will not terminate. Continuance of Medicare protection is based on continuing consecutive months of deemed or actual entitlement to widow(er)'s benefits based on a disability (GN 00204.030A.2.).

4. No Child Under Age 16 or Disabled, Entitled to Benefits

Although a mother's/father's benefit will not be payable if there is no longer a child under age 16 entitled to benefits, Medicare will not be terminated if the claimant files for actual DWB entitlement, so that there is no break in the months of deemed and actual entitlement to widow(er)'s benefits based on disability.