I-3-9-32.Death of Claimant Shortly After Unfavorable Disability Decision Issued

Last Update: 9/08/05 (Transmittal I-3-36)

If the Appeals Council issued an unfavorable disability decision or denied review of an ALJ's unfavorable disability decision and learns of the claimant's death afterward, an analyst must determine whether we need further information regarding possible reopening and revising the decision.

Factors to be considered as to whether development needs to be undertaken include:

  1. the date the claimant last had insured status for disability purposes;

  2. the length of time between the date of the latest pertinent medical evidence of record and the date of death;

  3. whether the death resulted from the impairment(s) previously considered; and

  4. whether the cause of death, if known, requires a reevaluation of the medical reports already of record.