If you cannot prove the person is dead but evidence of death is needed, we will presume he or she died at a certain time if you give us the following evidence:
(a) A certified copy of, or extract from, an official report or finding by an agency or department of the United States that a missing person is presumed to be dead as set out in Federal law (5 U.S.C. 5565). Unless we have other evidence showing an actual date of death, we will use the date he or she was reported missing as the date of death.
(b) Signed statements by those in a position to know and other records which show that the person has been absent from his or her residence and has not been heard from for at least 7 years. If the presumption of death is not rebutted pursuant to § 404.722, we will use as the person's date of death either the date he or she left home, the date ending the 7 year period, or some other date depending upon what the evidence shows is the most likely date of death.
(c) If you are applying for benefits as the insured person's grandchild or stepgrandchild but the evidence does not identify a parent, we will presume the parent died in the first month in which the insured person became entitled to benefits.
[43 FR 24795, June 7, 1978, as amended at 60 FR 19164, Apr. 17, 1995]
Notes of Decisions
Green v. Shalala, 51 F.3d 96 (7th Cir. 1995).
· cites it 2× “: 20 C.F.R. § 404.721 . The parties in this case dispute how the burden of production should be allocated between them in determining whether a person should be presumed dead.”
Rashad v. Sullivan, 903 F.2d 1229 (9th Cir. 1990).
“Rashad also alleged that the Social Security representative told her to wait until seven years had passed and the Secretary would then presume Brisker dead under 20 C.F.R. § 404.721 . . Rashad says that the ALJ based his credibility determination on a lack of corroborating…”
McKee v. Sullivan, 903 F.2d 1436 (11th Cir. 1990).
· cites it 3× “In addition, amicus curiae, Atlanta Legal Aid Society, argues that 20 C.F.R. § 404.721 (a), which establishes a presumption of death after one year, applies to persons other than federal employees, and Mrs.”
Leona Autrey v. Patricia Roberts Harris, Etc., 639 F.2d 1233 (5th Cir. 1981).
“705 , (currently 20 C.F.R. § 404.721 ), allowing such a presumption where a person is “unexplainedly absent from his residence and unheard of for a period of 7 years.”
Gomez v. Harris, 504 F. Supp. 1342 (D. Alaska 1981).
· cites it 2× “20 C.F.R. § 404.721 (1980). 3 . In the interval she had remarried and changed her surname to Gomez.”
Martin v. Heckler, 617 F. Supp. 1078 (S.D. Tex. 1985).
· cites it 2× “See 20 CFR § 404.721 (b); Shelnutt v. Heckler, 723 F.”
Bukawyn v. Schweiker, 567 F. Supp. 533 (E.D.N.Y 1982).
· cites it 6× “In so ruling, the ALJ found that plaintiffs were not entitled to the invocation of the presumption of death set forth in 20 C.F.R. 404.721 as to Peter Bukawyn. Plaintiffs filed a request for review with the Appeals *534 Council, and on the decision of the ALJ was affirmed as the…”
Mando v. Sec'y of Health & Human Servs., 737 F.2d 278 (2d Cir. 1984).
· cites it 3× “Since she did not have direct proof of her husband’s death, she sought to rely on the presumption of death provided by 20 C.F.R. § 404.721 (b). That regulation provides: If you cannot prove the person is dead but evidence of death is needed, we will presume he or she died at a…”
Grossman v. Bowen, 680 F. Supp. 570 (S.D.N.Y. 1988).
“20 C.F.R. § 404.721 (b) (1987) (emphasis added).”
— 20 C.F.R. § 404.721(b) — 1 case
Bukawyn v. Schweiker, 567 F. Supp. 533 (E.D.N.Y 1982).
“In so ruling, the ALJ found that plaintiffs were not entitled to the invocation of the presumption of death set forth in 20 C.F.R. 404.721 as to Peter Bukawyn. Plaintiffs filed a request for review with the Appeals *534 Council, and on the decision of the ALJ was affirmed as the…”
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