(a) When evidence of death is required. If you apply for benefits on the record of a deceased person, we will ask for evidence of the date and place of his or her death. We may also ask for evidence of another person's death if this is needed to prove you are eligible for benefits.
(b) Preferred evidence of death. The best evidence of a person's death is—
(1) A certified copy or extract from the public record of death, coroner's report of death, or verdict of a coroner's jury; or a certificate by the custodian of the public record of death;
(2) A statement of the funeral director, attending physician, intern of the institution where death occurred;
(3) A certified copy of, or extract from an official report or finding of death made by an agency or department of the United States; or
(4) If death occurred outside the United States, an official report of death by a United States Consul or other employee of the State Department; or a copy of the public record of death in the foreign country.
(c) Other evidence of death. If you cannot obtain the preferred evidence of a person's death, you will be asked to explain why and to give us other convincing evidence such as: the signed statements of two or more people with personal knowledge of the death, giving the place, date, and cause of death.
Notes of Decisions
Cited in
14
cases, 1962–2009 · leading case:
McKee v. Sullivan, 903 F.2d 1436 (11th Cir. 1990).
McKee v. Sullivan, 903 F.2d 1436 (11th Cir. 1990).
· cites it 8× “ANDERSON, Circuit Judge: This case involves the novel question of whether 20 C.F.R. § 404.720 (c) (1988) permits the consideration of circumstantial evidence in determining whether a person is dead for the purpose of social security benefits for his dependents.”
Irby v. Fairbanks Gold Mining, Inc., 203 P.3d 1138 (Alaska 2009).
“The board wrote to the Alaska Bureau of Vital Statistics in May 1997, shortly after Fairbanks Gold filed the notice of injury, seeking a copy of a death certificate for Irby.”
Carter Ex Rel. Carter v. Bowen, 738 F. Supp. 1418 (N.D. Ga. 1987).
· cites it 5× “Although the Magistrate adequately addressed all issues raised, the Court will *1419 briefly comment on the issue of whether the Probate Court’s Order is a “public record of death” which constitutes “preferred evidence” under 20 C.F.R. § 404.720 (b) (1985). The Court believes…”
Green v. Shalala, 51 F.3d 96 (7th Cir. 1995).
“Where the claimant for such benefits cannot establish the individual’s death, see 20 C.F.R. § 404.720 (1990), the person will be presumed dead based upon submission of the following evidence: (a) A certified copy of, or extract from, an official report or finding by an agency or…”
Martin v. Heckler, 617 F. Supp. 1078 (S.D. Tex. 1985).
· cites it 2× “See 20 CFR § 404.720 (b). The regulation further provides that if a claimant cannot prove death but evidence of death is needed, he may invoke a presumption of death by submitting evidence showing the insured worker’s unexplained absence for at least seven (7) years.”
Grossman v. Bowen, 680 F. Supp. 570 (S.D.N.Y. 1988).
“20 C.F.R. § 404.720 (a) (1987). If proof of death cannot be obtained, the Secretary will assume that the wage earner is dead if the claimant presents the following: ____ Signed statements by those in a position to know and other records which show that the person has been absent…”
Boyd v. Bowen, 797 F.2d 624 (8th Cir. 1986).
“-702(b)(4) (1976) (current version at 20 C.F.R. § 404.720 (c)), where “preferred evidence” of death, such as a death certificate or some similar official report, is unavailable, a claimant can explain why this evidence is unavailable and substitute other evidence of death.”
Daubert ex rel. Dunbar v. Sullivan, 905 F.2d 266 (9th Cir. 1990).
· cites it 4× “The only disputed issue in this case is whether Strong is deceased within the meaning of the Secretary’s regulation, 20 C.F.R. § 404.720 (1989). Section 404.720 and its companion regulation, 20 C.”
Shelnutt v. Heckler, 723 F.2d 1131 (3rd Cir. 1983).
“See 20 C.F.R. § 404.720 . If the claimant cannot prove the person is dead, the regulations provide for a presumption of death under certain circumstances, one of which is an unexplained absence of seven years.”
Duncan v. Massanari, 200 F. Supp. 2d 1068 (E.D. Mo. 2001).
· cites it 6× “The ALJ found from the record that John Duncan was born on April 4, 1922; that he was receiving Retirement Insurance Benefits when he disappeared in October 1989 at age 67; that the wage earner's family has not seen or heard from him since his disappearance; that his body has…”
Gray v. Gardner, 261 F. Supp. 736 (D.S.C. 1966).
“* * * ” Further the regulation concerning evidence of receipt of support, 20 C.F.R. 404.720, provides that a statement shall be submitted “as of the applicable time and for a period of not less than one year before such time.”
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