I-2-8-37.Decision When Claimant Dies

Last Update: 9/2/05 (Transmittal I-2-63)

A. Claimant Dies Before ALJ Holds the Hearing

If the claimant dies before the ALJ holds a hearing, review the claim file (CF) to see if it indicates that there is another party who may be adversely affected by the determination to be reviewed at the hearing. (See I-2-1-50, Death of Claimant.)

If there is no other party who may be adversely affected by the determination, or such a party exists but has stated in writing that he or she does not wish to pursue the claim, the ALJ may dismiss the RH. (See I-2-4-35, Dismissal Due to Death of a Claimant.)

If there is another party who may be adversely affected by the determination, and the party has stated in writing that he or she wishes to pursue the claim, the ALJ will schedule and hold a hearing.

B. Claimant Dies After ALJ Holds the Hearing and the Record is Complete—Titles II and XVI

If the claimant dies after the hearing is held and the record is complete, the ALJ will issue a decision in the usual manner.

If the name and address of the deceased claimant's next of kin is known, send the deceased claimant's copy of the decision to that person.

If the name and address of the deceased claimant's next of kin is not known, send the deceased claimant's copy of the decision to “Next of Kin of (name of deceased claimant),” at the deceased claimant's last known address.

C. Deceased SSI Claimant Authorized Interim Assistance Reimbursement to a State

If a deceased SSI claimant authorized interim assistance reimbursement to a State, the ALJ must issue a decision. (See I-2-4-35 B., Dismissal Due to Death of a Claimant, Title XVI Cases.)