I-2-4-35.Dismissal Due to Death of a Claimant
Last Update: 12/29/14 (Transmittal I-2-131)
A. General Policy
An administrative law judge (ALJ) may not dismiss a request for hearing under title II or title XVI when the case was remanded by a court under sentence six of sections 205(g) and 1631(c) of the Social Security Act (Act). See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-4-37.
However, as explained in the following paragraphs, an ALJ may dismiss a request for hearing under title II or title XVI based on the death of a claimant when the case was remanded by a court under sentence four of sections 205(g) and 1631(c) of the Act.
1. Title II
Under 20 CFR 404.957(c)(4), an ALJ may dismiss a request for hearing if:
The claimant dies;
There are no other parties (see HALLEX I-2-1-45); and
The ALJ has no information to show that another person may be adversely affected by the dismissal action (see HALLEX I-2-1-50).
Under 20 CFR 404.957(c)(4), an ALJ will vacate the order of dismissal if, within 60 days after the date of the dismissal, another person submits a written request for a hearing on the claim and shows that he or she may be adversely affected by the determination that was to be reviewed by the ALJ.
2. Title XVI
Under 20 CFR 416.1457(c)(4), an ALJ may dismiss a request for hearing if:
The claimant dies;
There are no other parties (see HALLEX I-2-1-45);
The ALJ has no information to show there may be a survivor who may be paid benefits under section 1631(b) of the Act, as set forth in 20 CFR 416.542(b), who wishes to pursue the request for hearing (see HALLEX I-2-1-50); or
The applicant or recipient did not authorize interim assistance reimbursement (IAR) to a state pursuant to section 1631(g) of the Act.
NOTE 1:
Even though a state may not pursue the IAR claim of a deceased applicant or recipient, an ALJ may not dismiss a request for hearing if there is an IAR authorization in effect. Rather, the ALJ will consider the case on its merits and issue a decision.
NOTE 2:
Although Medicaid eligibility often flows from title XVI eligibility findings, merely showing that a survivor wishes to pursue Medicaid eligibility does not make the person a party to the proceeding or a qualified survivor. Unless the person otherwise meets the criteria as a party to the proceeding or a qualified survivor, the ALJ may dismiss the request for hearing.
Under 20 CFR 416.1457(c)(4), the ALJ will vacate the order of dismissal if within 60 days:
A person who may be paid benefits under section 1631(b) of the Act, as set forth in 20 CFR 416.542(b), submits a written request for hearing and shows that a decision on the issues that were to be considered at the hearing may adversely affect him or her; or
The ALJ receives information showing that the applicant or recipient authorized IAR to a state pursuant to section 1631(g) of the Act.
B. Claimant Dies Before the Hearing Is Held
Under title II, if there is any person who qualifies as a substitute party under 20 CFR 404.503(b), the ALJ will not dismiss the request for hearing because a substitute party is a person who may be adversely affected by a dismissal. Under title XVI, if there is any survivor who may be paid benefits under section 1631(b) of the Act (see also 20 CFR 416.542(b)) and who wishes to pursue the request for review, the ALJ will not dismiss the request for hearing because a qualified survivor is a person who may be adversely affected by a dismissal.
NOTE:
SSA develops substitute parties using form HA-539, Notice Regarding Substitution of Party Upon Death of Claimant, which can be accessed from the Program Operations Manual System OS 15030.019.
However, if there are no other parties and a substitute party or qualified survivor states in writing that he or she does not wish to proceed with the claim(s), the ALJ may dismiss the request for hearing. The ALJ may also dismiss the request for hearing if any of the other conditions for dismissal are met. For the other conditions for dismissal, see HALLEX I-2-4-5.
NOTE:
If the primary issue is revision of the wage earner's earnings record and a survivor establishes potential entitlement based on that earnings record, the hearing office will make the survivor a substitute party upon request. It is not necessary for the survivor to establish that he or she would be adversely affected by the ALJ's decision.
Although a qualified survivor may choose not to pursue the appeal rights of the deceased, the survivor may later request a hearing regarding his or her rights. In that situation, the survivor is not precluded from raising the issues appealed by the deceased as part of his or her hearing.