[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Notices]
[Pages 18468-18469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9226]


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SOCIAL SECURITY ADMINISTRATION


Social Security Ruling, SSR 99-1p. Title II: Termination of 
Entitlement Based on Presumed Death

AGENCY: Social Security Administration.

ACTION: Notice of Social Security Ruling.

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SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Commissioner of 
Social Security gives notice of Social Security Ruling, SSR 99-1p. This 
Ruling explains that the Social Security Administration (SSA) will 
terminate entitlement for those beneficiaries whose benefits have 
remained in suspension for at least 7 years because the beneficiary's 
whereabouts are unknown. Presumption of death is widely accepted in 
State and Federal courts and is codified in SSA's regulations. SSA uses 
this regulatory presumption to establish the fact of death for 
entitlement purposes and will use it to determine that entitlement 
ends. Publication of this Ruling will prevent benefits from remaining 
in suspension indefinitely, thereby reducing the possibility of 
fraudulent payment of suspended benefits and assuring the continued 
integrity of SSA's records.

EFFECTIVE DATE: April 14, 1999.

FOR FURTHER INFORMATION CONTACT: Jeanne O'Connor, Office of Program 
Benefits, Social Security Administration, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 965-7963.

SUPPLEMENTARY INFORMATION: Although we are not required to do so 
pursuant to 5 U.S.C. 552(a)(1) and (a)(2), we are publishing this 
Social Security Ruling in accordance with 20 CFR 402.35(b)(1).
    Social Security Rulings make available to the public precedential 
decisions relating to the Federal old-age, survivors, disability, 
supplemental security income, and black lung benefits programs. Social 
Security Rulings may be based on case decisions made at all 
administrative levels of adjudication, Federal court decisions, 
Commissioner's decisions, opinions of the Office of the General 
Counsel, and policy interpretations of the law and regulations.
    Although Social Security Rulings do not have the same force and 
effect as the statute or regulations, they are binding on all 
components of the Social Security Administration, in accordance with 20 
CFR 402.35(b)(1), and are to be relied upon as precedents in 
adjudicating cases.
    If this Social Security Ruling is later superseded, modified, or 
rescinded, we will publish a notice in the Federal Register to that 
effect.

(Catalog of Federal Domestic Assistance, Programs 96.002 Social 
Security--Retirement Insurance; 96.003 Social Security--Special 
Benefits for Persons Aged 72 and Over; 96.004 Social Security--
Survivors Insurance.)

    Dated: December 1, 1998.
Kenneth S. Apfel,
Commissioner of Social Security.

Policy Interpretation Ruling; Title II: Termination of Entitlement 
Based on Presumed Death

Purpose

    This Policy Interpretation Ruling explains the Social Security 
Administration's (SSA) planned use of an established policy for 
presuming a person dead, after the person has been absent from his or 
her residence and has not been heard from for a period of 7 years, to 
terminate entitlement for such individuals. The presumption of death, 
founded on common law, is widely accepted in State and Federal courts 
to determine entitlement to property and is codified in our 
regulations. We use this regulatory presumption to establish the fact 
of death for entitlement purposes, and will also use it to determine 
that entitlement ends.

Citations (Authority)

    Sections 205(a) and 702(a) of the Social Security Act; 20 CFR, 
sections 404.705 and 404.721.

Pertinent History

    Currently, SSA suspends benefits to beneficiaries reported missing 
when notified by a first party reporter, that is, a relative, 
representative or another beneficiary on the record who establishes 
that he/she is an acceptable reporter.
    In addition, benefits can be suspended if mail is returned because 
it

[[Page 18469]]

is undeliverable. Suspensions of this type follow prescribed 
development to locate the individual. In such cases, SSA first makes a 
reasonable effort to locate the beneficiary and then sends a notice to 
the beneficiary's last known address advising him or her that benefits 
will be stopped if he or she does not respond within 15 days. If these 
efforts fail, and there is no response from the beneficiary, benefits 
are suspended.
    In situations where benefits are suspended for whereabouts unknown, 
unless the presumption of death after 7 years is used to terminate 
benefits, the benefits can remain in suspension indefinitely. Studies 
by the Office of the Inspector General (OIG) indicate that suspensions 
should be resolved as a deterrent to fraudulent payment to the wrong 
individuals. In addition, studies by SSA show that suspensions for lack 
of address are usually resolved within 24 months, and that benefits 
left in suspense for longer than 24 months, because the continuing 
eligibility of the beneficiary cannot be determined, are rarely ever 
resolved. SSA now has the capability to indicate the reason for 
suspension on its payment records. Where that reason is whereabouts 
unknown and benefits are in continuous suspense for at least 7 years, 
SSA will assume that the reason the beneficiary failed to request 
payment during that 7 year period is death.
    Terminating entitlement for presumed death ensures that suspended 
payments will not be fraudulently issued to someone other than the 
beneficiary. That is because erroneous terminations for death can be 
reinstated only after a face-to-face interview with the beneficiary. 
However, payment of suspended benefits does not involve the same 
stringent development before release of payment and is more vulnerable 
to fraud. By applying the presumption of death policy to terminate 
entitlement, SSA will ensure that a final resolution to suspension 
occurs for those cases which otherwise would remain in suspension 
indefinitely.
    Following continuous suspension for 7 years based on whereabouts 
unknown, entitlement will be terminated for presumed death. Absent 
evidence to the contrary, death will be presumed to have occurred on 
the date of disappearance, the date ending the 7 year period, or some 
other date depending upon what the evidence shows is the most likely 
date of death.

Policy Interpretation

    SSA will presume that a beneficiary has died and will terminate 
entitlement after the individual's payments have been suspended 
continuously for 7 years or more because the individual's whereabouts 
are unknown. This policy interpretation will apply to all individuals 
whose entitlement is not based on disability. The policies for 
terminating entitlement for disabled beneficiaries whose whereabouts 
are unknown are addressed in 20 CFR 404.1594. This policy 
interpretation on presumed death termination, however, will apply to 
those individuals who have been converted to retirement benefits 
following an established period of disability. If the benefits are 
suspended for whereabouts unknown based on a reported disappearance by 
a first party reporter, that is, a relative, another beneficiary on the 
record, or a representative of the beneficiary who is an acceptable 
reporter, the date of presumed death generally will be the date of 
disappearance, barring some convincing evidence that establishes a more 
likely date of death.
    For cases where suspension for whereabouts unknown originated 
through undeliverable mail, and benefits have remained in suspension 
for a period of 7 years or more, the date of presumed death will be the 
date SSA determined that the individual disappeared, barring some 
evidence to the contrary.
    Effective Date: This Ruling is effective upon publication in the 
Federal Register.

Cross-References

    Program Operations Manual System, sections GN 02605.055 and GN 
00304.050.

[FR Doc. 99-9226 Filed 4-13-99; 8:45 am]
BILLING CODE 4190-29-P