I-2-2-91.Sample Language Which May Be Appropriate in the Notice of Hearing - Entitlement Issues - Title II

A. Child's benefits issues

The general issue is whether you are entitled to child's insurance benefits within the meaning of section 202(d) of the Social Security Act.

The specific issues are whether you are dependent on the insured individual, or were dependent on the insured individual at the time of his or her death; you are unmarried; and whether the insured individual is fully insured, or was fully insured at the time of his or her death.

Other specific issues might be:

• whether you are under age 18;

• whether you have been disabled, as defined in section 223 of the Social Security Act, since prior to your 22nd birthday; and

• whether you are the insured's natural child, legally adopted child, stepchild, grandchild, stepgrandchild, or equitable adopted child.

B. Lump-sum death payment issues

The general issue is whether you are entitled to the lump-sum death payment under section 202(i) of the Social Security Act.

The specific issues are whether you are the widow/widower of the deceased insured individual or are otherwise entitled to the lump-sum death payment in the absence of a widow/widower; whether you applied for the payment within two years of the date of the insured's death (unless you already were receiving wife's/husband's benefits on the deceased earnings record); and whether you were living in the same household with the insured at the time of his or her death.

C. Mother's or father's benefits issues

The general issue is whether you are entitled to (mother's/father's) insurance benefits under section 202(g) of the Social Security Act.

The specific issues are whether you are the (widow/widower) of a fully or currently insured individual; you are unmarried; and you have “in your care” the insured's child who is entitled to child's benefits and is under 16 years old or is disabled.

D. Old-age and special age 72 benefits issues

The general issue is whether you are entitled to old-age insurance benefits under section 202(a) of the Social Security Act.

The specific issues are whether you are at least 62 years old; you are “retired”; and you have enough Social Security earnings to be fully insured.

The specific issues for entitlement to special age 72 benefits are whether you have attained the age of 72; and, if you attained age 72 after 1968, whether you have 3 quarters of coverage, whenever acquired, for each calendar year after 1966 and before the year of your attainment of age 72.

E. Parent's benefits issues

The general issue is whether you are entitled to parent's benefits under section 202(h) of the Social Security Act.

The specific issues are whether you are the parent of the deceased fully insured wage earner; you are at least 62 years old; you are unmarried; and you were receiving at least one- half of your support from the insured at the time he or she died, or at the beginning of any period of disability he or she had that continued up to death.

F. Widow's and widower's benefits title II (non-disability)

The general issue is whether you are entitled to (widow's/widower's) benefits under section (202(e)) [for widow's] or (202(f)) [for widower's] of the Social Security Act.

The specific issues are whether you are the (widow/widower) based on a relationship described under 20 CFR §§ 404.345. 404.346 of a person who was fully insured when he or she died; whether the conditions under 20 CFR § 404.335 are met; whether you are at least 60 years old; and whether you are unmarried.

G. Wife's, husband's, divorced wife's and divorced husband's benefits.

The general issue is whether you are entitled to (wife's/husband's/divorced wife's/divorced husband's) insurance benefits under section (202(b)) [for wife's or divorced wife's] or (202(c)) [for husband's or divorced husband's] of the Social Security Act.

The specific issue is whether you (are/were) the legal (husband/wife/divorced husband/ divorced wife) of a fully insured wage earner. This will be determined by whether your relationship (is/was) one described in 20 CFR §§ 404.345, 404.346, and whether one of the conditions set forth under 20 CFR § 404.330 is met.

In the cases of divorced spouses, some additional specific issues and examples of language are:

1. whether you were married to the wage earner for at least 10 years immediately before the divorce became final;

2. whether you remarried after the divorce;

3. whether you are currently married;

4. whether you are age 62 or older; and

5. whether you have been divorced from the wage earner for at least 2 years.

If the record does not already contain a copy of the claimant's marriage certificate or divorce decree, add the following or a similar statement to the notice of hearing:

Please send us a copy of your (marriage certificate) (divorce decree), or bring it with you to the hearing.