[Title 20 CFR H]
[Code of Federal Regulations (annual edition) - April 1, 1996 Edition]
[Title 20 - EMPLOYEES' BENEFITS]
[Chapter III - SOCIAL SECURITY ADMINISTRATION]
[Part 404 - FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )]
[Subpart H - Evidence]
[From the U.S. Government Publishing Office]
20
EMPLOYEES' BENEFITS
2
1996-04-01
1996-04-01
false
Evidence
H
Subpart H
EMPLOYEES' BENEFITS
SOCIAL SECURITY ADMINISTRATION
FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )
Subpart H--Evidence
Sec. 404.701 Introduction.
This subpart contains the Social Security Administration's basic
rules about what evidence is needed when a person claims old-age,
disability, dependents' and survivors' insurance benefits as described
in subpart D. In addition, there are special evidence requirements for
disability benefits. These are contained in subpart P. Evidence of a
person's earnings under social security is described in subpart I.
Evidence needed to obtain a social security number card is described in
part
[[Page 181]]
422. Evidence requirements for the supplemental security income program
are contained in part 416.
Sec. 404.702 Definitions.
As used in this subpart:
Apply means to sign a form or statement that the Social Security
Administration accepts as an application for benefits under the rules
set out in subpart G.
Benefits means any old-age, disability, dependents' and survivors'
insurance benefits described in subpart D, including a period of
disability.
Convincing evidence means one or more pieces of evidence that prove
you meet a requirement for eligibility. See Sec. 404.708 for the guides
we use in deciding whether evidence is convincing.
Eligible means that a person would meet all the requirements for
entitlement to benefits for a period of time but has not yet applied.
Entitled means that a person has applied and has proven his or her
right to benefits for a period of time.
Evidence means any record, document, or signed statement that helps
to show whether you are eligible for benefits or whether you are still
entitled to benefits.
Insured person means someone who has enough earnings under social
security to permit the payment of benefits on his or her earnings
record. He or she is fully insured, transitionally insured, currently
insured, or insured for disability as defined in subpart B.
We or Us refers to the Social Security Administration.
You refers to the person who has applied for benefits, or the person
for whom someone else has applied.
Sec. 404.703 When evidence is needed.
When you apply for benefits, we will ask for evidence that you are
eligible for them. After you become entitled to benefits, we may ask for
evidence showing whether you continue to be entitled to benefits; or
evidence showing whether your benefit payments should be reduced or
stopped. See Sec. 404.401 for a list showing when benefit payments must
be reduced or stopped.
Sec. 404.704 Your responsibility for giving evidence.
When evidence is needed to prove your eligibility or your right to
continue to receive benefit payments, you will be responsible for
obtaining and giving the evidence to us. We will be glad to advise you
what is needed and how to get it and we will consider any evidence you
give us. If your evidence is a foreign-language record or document, we
can have it translated for you. Evidence given to us will be kept
confidential and not disclosed to anyone but you except under the rules
set out in part 401. You should also be aware that Section 208 of the
Social Security Act provides criminal penalties for misrepresenting the
facts or for making false statements to obtain social security benefits
for yourself or someone else.
Sec. 404.705 Failure to give requested evidence.
Generally, you will be asked to give us by a certain date specific
kinds of evidence or information to prove you are eligible for benefits.
If we do not receive the evidence or information by that date, we may
decide you are not eligible for benefits. If you are already receiving
benefits, you may be asked to give us by a certain date information
needed to decide whether you continue to be entitled to benefits or
whether your benefits should be stopped or reduced. If you do not give
us the requested information by the date given, we may decide that you
are no longer entitled to benefits or that your benefits should be
stopped or reduced. You should let us know if you are unable to give us
the requested evidence within the specified time and explain why there
will be a delay. If this delay is due to illness, failure to receive
timely evidence you have asked for from another source, or a similar
circumstance, you will be given additional time to give us the evidence.
Sec. 404.706 Where to give evidence.
Evidence should be given to the people at a Social Security
Administration office. In the Philippines evidence should be given to
the people at the Veterans Administration Regional Office. Elsewhere
outside the United
[[Page 182]]
States, evidence should be given to the people at a United States
Foreign Service Office.
Sec. 404.707 Original records or copies as evidence.
(a) General. To prove your eligibility or continuing entitlement to
benefits, you may be asked to show us an original document or record.
These original records or documents will be returned to you after we
have photocopied them. We will also accept copies of original records
that are properly certified and some uncertified birth notifications.
These types of records are described below in this section.
(b) Certified copies of original records. You may give us copies of
original records or extracts from records if they are certified as true
and exact copies by--
(1) The official custodian of the record;
(2) A Social Security Administration employee authorized to certify
copies;
(3) A Veterans Administration employee if the evidence was given to
that agency to obtain veteran's benefits;
(4) A U.S. Consular Officer or employee of the Department of State
authorized to certify evidence received outside the United States; or
(5) An employee of a State Agency or State Welfare Office authorized
to certify copies of original records in the agency's or office's files.
(c) Uncertified copies of original records. You may give us an
uncertified photocopy of a birth registration notification as evidence
where it is the practice of the local birth registrar to issue them in
this way.
Sec. 404.708 How we decide what is enough evidence.
When you give us evidence, we examine it to see if it is convincing
evidence. If it is, no other evidence is needed. In deciding if evidence
is convincing, we consider whether--
(a) Information contained in the evidence was given by a person in a
position to know the facts;
(b) There was any reason to give false information when the evidence
was created;
(c) Information contained in the evidence was given under oath, or
with witnesses present, or with the knowledge there was a penalty for
giving false information;
(d) The evidence was created at the time the event took place or
shortly thereafter;
(e) The evidence has been altered or has any erasures on it; and
(f) Information contained in the evidence agrees with other
available evidence, including our records.
Sec. 404.709 Preferred evidence and other evidence.
If you give us the type of evidence we have shown as preferred in
the following sections of this subpart, we will generally find it is
convincing evidence. This means that unless we have information in our
records that raises a doubt about the evidence, other evidence of the
same fact will not be needed. If preferred evidence is not available, we
will consider any other evidence you give us. If this other evidence is
several different records or documents which all show the same
information, we may decide it is convincing evidence even though it is
not preferred evidence. If the other evidence is not convincing by
itself, we will ask for additional evidence. If this additional evidence
shows the same information, all the evidence considered together may be
convincing. When we have convincing evidence of the facts that must be
proven or it is clear that the evidence provided does not prove the
necessary facts, we will make a formal decision about your benefit
rights.
Evidence of Age, Marriage, and Death
Sec. 404.715 When evidence of age is needed.
(a) If you apply for benefits, we will ask for evidence of age which
shows your date of birth unless you are applying for--
(1) A lump-sum death payment;
(2) A wife's benefit and you have the insured person's child in your
care;
(3) A mother's or father's benefit; or
(4) A disability benefit (or for a period of disability) and neither
your eligibility nor benefit amount depends upon your age.
[[Page 183]]
(b) If you apply for wife's benefits while under age 62 or if you
apply for a mother's or father's benefit, you will be asked for evidence
of the date of birth of the insured person's children in your care.
(c) If you apply for benefits on the earnings record of a deceased
person, you may be asked for evidence of his or her age if this is
needed to decide whether he or she was insured at the time of death or
what benefit amount is payable to you.
Sec. 404.716 Type of evidence of age to be given.
(a) Preferred evidence. The best evidence of your age, if you can
obtain it, is either: a birth certificate or hospital birth record
recorded before age 5; or a religious record which shows your date of
birth and was recorded before age 5.
(b) Other evidence of age. If you cannot obtain the preferred
evidence of your age, you will be asked for other convincing evidence
that shows your date of birth or age at a certain time such as: an
original family bible or family record; school records; census records;
a statement signed by the physician or midwife who was present at your
birth; insurance policies; a marriage record; a passport; an employment
record; a delayed birth certificate, your child's birth certificate; or
an immigration or naturalization record.
Sec. 404.720 Evidence of a person's death.
(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.
Sec. 404.721 Evidence to presume a person is dead.
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 Sec. 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 to benefits.
[43 FR 24795, June 7, 1978, as amended at 60 FR 19164, Apr. 17, 1995]
[[Page 184]]
Sec. 404.722 Rebuttal of a presumption of death.
A presumption of death made based on Sec. 404.721(b) can be rebutted
by evidence that establishes that the person is still alive or explains
the individual's absence in a manner consistent with continued life
rather than death.
Example 1: Evidence in a claim for surviving child's benefits showed
that the worker had wages posted to his earnings record in the year
following the disappearance. It was established that the wages belonged
to the worker and were for work done after his ``disappearance.'' In
this situation, the presumption of death is rebutted by evidence (wages
belonging to the worker) that the person is still alive after the
disappearance.
Example 2: Evidence shows that the worker left the family home
shortly after a woman, whom he had been seeing, also disappeared, and
that the worker phoned his wife several days after the disappearance to
state he intended to begin a new life in California. In this situation
the presumption of death is rebutted because the evidence explains the
worker's absence in a manner consistent with continued life.
[60 FR 19165, Apr. 17, 1995]
Sec. 404.723 When evidence of marriage is required.
If you apply for benefits as the insured person's husband or wife,
widow or widower, divorced wife or divorced husband, we will ask for
evidence of the marriage and where and when it took place. We may also
ask for this evidence if you apply for child's benefits or for the lump-
sum death payment as the widow or widower. If you are a widow, widower,
or divorced wife who remarried after your marriage to the insured person
ended, we may also ask for evidence of the remarriage. You may be asked
for evidence of someone else's marriage if this is necessary to prove
your marriage to the insured person was valid. In deciding whether the
marriage to the insured person is valid or not, we will follow the law
of the State where the insured person had his or her permanent home when
you applied or, if earlier, when he or she died--see Sec. 404.770. What
evidence we will ask for depends upon whether the insured person's
marriage was a ceremonial marriage, a common-law marriage, or a marriage
we will deem to be valid.
[43 FR 24795, June 7, 1978, as amended at 44 FR 34493, June 15, 1979]
Sec. 404.725 Evidence of a valid ceremonial marriage.
(a) General. A valid ceremonial marriage is one that follows
procedures set by law in the State or foreign country where it takes
place. These procedures cover who may perform the marriage ceremony,
what licenses or witnesses are needed, and similar rules. A ceremonial
marriage can be one that follows certain tribal Indian custom, Chinese
custom, or similar traditional procedures. We will ask for the evidence
described in this section.
(b) Preferred evidence. Preferred evidence of a ceremonial marriage
is--
(1) If you are applying for wife's or husband's benefits, signed
statements from you and the insured about when and where the marriage
took place. If you are applying for the lump-sum death payment as the
widow or widower, your signed statement about when and where the
marriage took place; or
(2) If you are applying for any other benefits or there is evidence
causing some doubt about whether there was a ceremonial marriage: a copy
of the public record of marriage or a certified statement as to the
marriage; a copy of the religious record of marriage or a certified
statement as to what the record shows; or the original marriage
certificate.
(c) Other evidence of a ceremonial marriage. If preferred evidence
of a ceremonial marriage cannot be obtained, we will ask you to explain
why and to give us a signed statement of the clergyman or official who
held the marriage ceremony, or other convincing evidence of the
marriage.
Sec. 404.726 Evidence of common-law marriage.
(a) General. A common-law marriage is one considered valid under
certain State laws even though there was no formal ceremony. It is a
marriage between two persons free to marry, who consider themselves
married, live together as man and wife, and, in some
[[Page 185]]
States, meet certain other requirements. We will ask for the evidence
described in this section.
(b) Preferred evidence. Preferred evidence of a common-law marriage
is--
(1) If both the husband and wife are alive, their signed statements
and those of two blood relatives;
(2) If either the husband or wife is dead, the signed statements of
the one who is alive and those of two blood relatives of the deceased
person; or
(3) If both the husband and wife are dead, the signed statements of
one blood relative of each;
Note: All signed statements should show why the signer believes
there was a marriage between the two persons. If a written statement
cannot be gotten from a blood relative, one from another person can be
used instead.
(c) Other evidence of common-law marriage. If you cannot get
preferred evidence of a common-law marriage, we will ask you to explain
why and to give us other convincing evidence of the marriage. We may not
ask you for statements from a blood relative or other person if we
believe other evidence presented to us proves the common-law marriage.
Sec. 404.727 Evidence of a deemed valid marriage.
(a) General. A deemed valid marriage is a ceremonial marriage we
consider valid even though the correct procedures set by State law were
not strictly followed or a former marriage had not yet ended. We will
ask for the evidence described in this section.
(b) Preferred evidence. Preferred evidence of a deemed valid
marriage is--
(1) Evidence of the ceremonial marriage as described in
Sec. 404.725(b)(2);
(2) If the insured person is alive, his or her signed statement that
the other party to the marriage went through the ceremony in good faith
and his or her reasons for believing the marriage was valid or believing
the other party thought it was valid;
(3) The other party's signed statement that he or she went through
the marriage ceremony in good faith and his or her reasons for believing
it was valid;
(4) If needed to remove a reasonable doubt, the signed statements of
others who might have information about what the other party knew about
any previous marriage or other facts showing whether he or she went
through the marriage in good faith; and
(5) Evidence the parties to the marriage were living in the same
household when you applied for benefits or, if earlier, when the insured
person died (see Sec. 404.760).
(c) Other evidence of a deemed valid marriage. If you cannot obtain
preferred evidence of a deemed valid marriage, we will ask you to
explain why and to give us other convincing evidence of the marriage.
Sec. 404.728 Evidence a marriage has ended.
(a) When evidence is needed that a marriage has ended. If you apply
for benefits as the insured person's divorced wife or divorced husband,
you will be asked for evidence of your divorce. If you are the insured
person's widow or divorced wife who had remarried but that husband died,
we will ask you for evidence of his death. We may ask for evidence that
a previous marriage you or the insured person had was ended before you
married each other if this is needed to show the latter marriage was
valid. If you apply for benefits as an unmarried person and you had a
marriage which was annulled, we will ask for evidence of the annulment.
We will ask for the evidence described in this section.
(b) Preferred evidence. Preferred evidence a marriage has ended is--
(1) A certified copy of the decree of divorce or annulment; or
(2) Evidence the person you married has died (see Sec. 404.720).
(c) Other evidence a marriage has ended. If you cannot obtain
preferred evidence the marriage has ended, we will ask you to explain
why and to give us other convincing evidence the marriage has ended.
[43 FR 24795, June 7, 1978, as amended at 44 FR 34493, June 15, 1979]
[[Page 186]]
Evidence for Child's and Parent's Benefits
Sec. 404.730 When evidence of a parent or child relationship is needed.
If you apply for parent's or child's benefits, we will ask for
evidence showing your relationship to the insured person. What evidence
we will ask for depends on whether you are the insured person's natural
parent or child; or whether you are the stepparent, stepchild,
grandchild, stepgrandchild, adopting parent or adopted child.
Sec. 404.731 Evidence you are a natural parent or child.
If you are the natural parent of the insured person, we will ask for
a copy of his or her public or religious birth record made before age 5.
If you are the natural child of the insured person, we will ask for a
copy of your public or religious birth record made before age 5. In
either case, if this record shows the same last name for the insured and
the parent or child, we will accept it as convincing evidence of the
relationship. However, if other evidence raises some doubt about this
record or if the record cannot be gotten, we will ask for other evidence
of the relationship. We may also ask for evidence of marriage of the
insured person or of his or her parent if this is needed to remove any
reasonable doubt about the relationship. To show you are the child of
the insured person, you may be asked for evidence you would be able to
inherit his or her personal property under State law where he or she had
a permanent home (see Sec. 404.770). In addition, we may ask for the
insured persons signed statement that you are his or her natural child,
or for a copy of any court order showing the insured has been declared
to be your natural parent or any court order requiring the insured to
contribute to you support because you are his or her son or daughter.
Sec. 404.732 Evidence you are a stepparent or stepchild.
If you are the stepparent or stepchild of the insured person, we
will ask for the evidence described in Sec. 404.731 or Sec. 404.733 that
which shows your natural or adoptive relationship to the insured
person's husband, wife, widow, or widower. We will also ask for evidence
of the husband's, wife's, widow's, or widower's marriage to the insured
person--see Sec. 404.725.
Sec. 404.733 Evidence you are the legally adopting parent or legally adopted child.
If you are the adopting parent or adopted child, we will ask for the
following evidence:
(a) A copy of the birth certificate made following the adoption; or
if this cannot be gotten, other evidence of the adoption; and, if
needed, evidence of the date of adoption;
(b) If the widow or widower adopted the child after the insured
person died, the evidence described in paragraph (a) of this section;
your written statement whether the insured person was living in the same
household with the child when he or she died (see Sec. 404.760); what
support the child was getting from any other person or organization; and
if the widow or widower had a deemed valid marriage with the insured
person, evidence of that marriage--see Sec. 404.727;
(c) If you are the insured's stepchild, grandchild, or
stepgrandchild as well as his or her adopted child, we may also ask you
for evidence to show how you were related to the insured before the
adoption.
Sec. 404.734 Evidence you are an equitably adopted child.
In many States, the law will treat someone as a child of another if
he or she agreed to adopt the child, the natural parents or the person
caring for the child were parties to the agreement, he or she and the
child then lived together as parent and child, and certain other
requirements are met. If you are a child who had this kind or
relationship to the insured person (or to the insured persons's wife,
widow, or husband), we will ask for evidence of the agreement if it is
in writing. If it is not in writing or cannot be gotten, other evidence
may be accepted. Also, the following evidence will be asked for: Written
statements of your natural parents and the adopting parents and other
evidence of the child's relationship to the adopting parents.
[[Page 187]]
Sec. 404.735 Evidence you are the grandchild or stepgrandchild.
If you are the grandchild or stepgrandchild of the insured person,
we will ask you for the kind of evidence described in Secs. 404.731
through 404.733 that shows your relationship to your parent and your
parent's relationship to the insured.
Sec. 404.736 Evidence of a child's dependency.
(a) When evidence of a child's dependency is needed. If you apply
for child's benefit's we may ask for evidence you were the insured
person's dependent at a specific time--usually the time you applied or
the time the insured died or became disabled. What evidence we ask for
depends upon how you are related to the insured person.
(b) Natural or adopted child. If you are the insured person's
natural or adopted child, we may ask for the following evidence:
(1) A signed statement by someone who knows the facts that confirms
this relationship and which shows whether you were legally adopted by
someone other than the insured. If you were adopted by someone else
while the insured person was alive, but the adoption was annulled, we
may ask for a certified copy of the annulment decree or other convincing
evidence of the annulment.
(2) A signed statement by someone in a position to know showing when
and where you lived with the insured and when and why you may have lived
apart; and showing what contributions the insured made to your support
and when and how they were made.
(c) Stepchild. If you are the insured person's stepchild, we will
ask for the following evidence:
(1) A signed statement by someone in a position to know--showing
when and where you lived with the insured and when and why you may have
lived apart.
(2) A signed statement by someone in a position to know showing you
received at least one-half of your support from the insured for the one-
year period ending at one of the times mentioned in paragraph (a) of
this section; and the income end support you had in this period from any
other source.
(d) Grandchild or Stepgrandchild. If you are the insured person's
grandchild or stepgrandchild, we will ask for evidence described in
paragraph (c) of this section showing that you were living together with
the insured and receiving one-half of your support from him or her for
the year before the insured became entitled to benefits or to a period
of disability, or died. We will also ask for evidence of your parent's
death or disability.
Sec. 404.745 Evidence of school attendance for child age 18 or older.
If you apply for child's benefits as a student age 18 or over, we
may ask for evidence you are attending school. We may also ask for
evidence from the school you attend showing your status at the school.
We will ask for the following evidence:
(a) Your signed statement that you are attending school full-time
and are not being paid by an employer to attend school.
(b) If you apply before the school year has started and the school
is not a high school, a letter of acceptance from the school, receipted
bill, or other evidence showing you have enrolled or been accepted at
that school.
Sec. 404.750 Evidence of a parent's support.
If you apply for parent's benefits, we will ask you for evidence to
show that you received at least one-half of your support from the
insured person in the one-year period before he or she died or became
disabled. We may also ask others who know the facts for a signed
statement about your sources of support. We will ask you for the
following evidence:
(a) The parent's signed statement showing his or her income, any
other sources of support, and the amount from each source over the one-
year period.
(b) If the statement described in paragraph (a) of this section
cannot be obtained, other convincing evidence that the parent received
one-half of his or her support from the insured person.
[[Page 188]]
Other Evidence Requirements
Sec. 404.760 Evidence of living in the same household with insured person.
If you apply for the lump-sum death payment as the insured person's
widow or widower, or for wife's, husband's, widow's, or widower's
benefits based upon a deemed valid marriage as described in
Sec. 404.727, we will ask for evidence you and the insured were living
together in the same household when he or she died; or if the insured is
alive, when you applied for benefits. We will ask for the following as
evidence of this:
(a) If the insured person is living, his or her signed statement and
yours showing whether you were living together when you applied for
benefits.
(b) If the insured person is dead, your signed statement showing
whether you were living together when he or she died.
(c) If you and the insured person were temporarily living apart, a
signed statement explaining where each was living, how long the
separation lasted, and why you were separated. If needed to remove any
reasonable doubts about this, we may ask for the signed statements of
others in a position to know, or for other convincing evidence you and
the insured were living together in the same household.
Sec. 404.762 Evidence of having a child in your care.
If you are under age 65 and apply for wife's benefits based upon
caring for a child, or for mother's benefits as a widow or divorced
wife, or for father's benefits as a widower, we will ask for evidence
that you have the insured person's child in your care. What evidence we
will ask for depends upon whether the child is living with you or with
someone else. You will be asked to give the following evidence:
(a) If the child is living with you, your signed statement showing
that the child is living with you.
(b) If the child is living with someone else--
(1) Your signed statement showing with whom he or she is living and
why he or she is living with someone else. We will also ask when he or
she last lived with you and how long this separation will last, and what
care and contributions you provide for the child;
(2) The signed statement of the one with whom the child is living
showing what care you provide and the sources and amounts of support
received for the child. If the child is in an institution, an official
there should sign the statement. These statements are preferred
evidence. If there is a court order or written agreement showing who has
custody of the child, you may be asked to give us a copy; and
(3) If you cannot get the preferred evidence described in paragraph
(b)(2) of this section, we will ask for other convincing evidence that
the child is in your care.
Sec. 404.765 Evidence of responsibility for or payment of burial expenses.
(a) When evidence of burial expenses is needed. If you apply for the
lump-sum death payment because you are responsible for paying the
funeral home or burial expenses of the insured or because you have paid
some or all of these expenses, we will ask for evidence of this.
(b) What evidence is needed. We will ask for the following evidence:
(1) Your signed statement showing--
(i) You accepted responsibility for the funeral home expenses or
paid some or all of these expenses or other burial expenses; your
relationship to the insured person; and, if you are not related by blood
or marriage, why you accepted responsibility for, or paid, these
expenses;
(ii) Total funeral home expenses and, if necessary, the total of
other burial expenses; and if someone else paid part of the expenses,
the person's name, address, relationship to the insured person, and
amount he or she paid;
(iii) The amount of cash or property you expect to receive as
repayment for any burial expenses you paid; and whether anyone has
applied for or will apply for any burial allowance from the Veterans
Administration or other Federal agency for these expenses; and
(iv) If you are applying as an owner or official of a funeral home,
a signed statement from anyone, other than an employee of the home, who
helped make the burial arrangements showing
[[Page 189]]
whether he or she accepted responsibility for paying the burial
expenses; and
(2) Unless you are applying as an owner or official of a funeral
home, a signed statement from the owner or official and, if necessary,
from those who supplied other burial goods or services which shows--
(i) The name, address, and relationship to the insured person of
everyone who accepted responsibility for, or paid any part of, the
burial expenses; and
(ii) Information the owner or official of the funeral home and, if
necessary, the supplier has about the expenses and payments mentioned in
paragraphs (b)(1)(ii) and (b)(1)(iii) of this section.
Sec. 404.770 Evidence of where the insured person had a permanent home.
(a) When evidence of the insured's permanent home is needed. We may
ask for evidence of where the insured person's permanent home was at the
time you applied or, if earlier, the time he or she died if--
(1) You apply for benefits as the insured's wife, husband, widow,
widower, parent or child; and
(2) Your relationship to the insured depends upon the State law that
would be followed in the place where the insured had his or her
permanent home when you applied for benefits or when he or she died.
(b) What evidence is needed. We will ask for the following evidence
of the insured person's permanent home:
(1) Your signed statement showing where the insured considered his
permanent home to be.
(2) If the statement in paragraph (b)(1) of this section or other
evidence we have raises a reasonable doubt about where the insured's
permanent home was, evidence of where he or she paid personal, property,
or income taxes, or voted; or other convincing evidence of where his or
her permanent home was.
Sec. 404.780 Evidence of ``good cause'' for exceeding time limits on accepting proof of support or application for a lump-sum death payment.
(a) When evidence of good cause is needed. We may ask for evidence
that you had good cause (as defined in Sec. 404.370(f)) for not giving
us sooner proof of the support you received from the insured as his or
her parent. We may also ask for evidence that you had good cause (as
defined in Sec. 404.621(b)) for not applying sooner for the lump-sum
death payment. You may be asked for evidence of good cause for these
delays if--
(1) You are the insured person's parent giving us proof of support
more than 2 years after he or she died, or became disabled; or
(2) You are applying for the lump-sum death payment more than 2
years after the insured died.
(b) What evidence of good cause is needed. We will ask for the
following evidence of good cause:
(1) Your signed statement explaining why you did not give us the
proof of support or the application for lump-sum death payment within
the specified 2 year period.
(2) If the statement in paragraph (b)(1) of the section or other
evidence raises a reasonable doubt whether there was good cause, other
convincing evidence of this.
[43 FR 24795, June 7, 1978, as amended at 44 FR 34493, June 15, 1979]