§ 404.617 "Good cause" for delayed filing of proof of support or application for lump-sum death payment. (a) What constitutes "good cause". "Good cause" may be found for failure to file, within the initial 2-year period, proof of support under § 404.316 (a) (4), § 404.331 (a) (6), or § 404.341(b), or application for the lump-sum death payment under § 404.355 (b), when the individual (husband, widower, parent, or lump-sum applicant, as may be appropriate) establishes to the satisfaction of the Administration that such failure to file was due to:

(1) Circumstances beyond the individual's control, such as extended illness, mental or physical incapacity, or communication difficulties; or

(2) Incorrect or incomplete information furnished the individual by the Administration; or

(3) Efforts by the individual to secure supporting evidence without a realization that such evidence could be submitted after filing proof of support or application; or

(4) Unusual or unavoidable circumstances, the nature of which demonstrate that the individual could not reasonably be expected to have been aware of the need to file timely the proof of support or lump-sum application.

(b) What does not constitute "good cause." "Good cause" for failure to file timely such proof of support or application does not exist when there is evidence of record in the Administration that the individual was informed that he should file within the initial 2-year period and he failed to do so through negligence or intent not to file.

[21 F.R. 10483, Dec. 29, 1956; as amended at 28 F.R. 14492, Dec. 31, 1963; 29 F.R. 15510, Nov. 19, 1964]

§ 404.618

Statements filed with title XVIII providers of hospital services; where filing of statement with such title XVIII provider is considered to be a filing with the Administration. In the case where an inpatient (or some other person acting on behalf of an inpatient) of a hospital providing services for which payment may be made under part A of title XVIII, files with such hospital a request for payment of benefits under title XVIII of the Social Security Act and no timely application for such title XVIII benefits has been filed with the Social Security Administration by him or on his behalf, such re

quest for payment (or a photocopy thereof) shall be transmitted to the Administration, and will be considered a written statement filed with the Administration for the purposes of establishing entitlement under part A of title XVIII and to benefits under title II, as of the date it was filed with a hospital qualified to receive reimbursement for services under title XVIII. The provisions of

§ 404.613 shall thereafter apply to such statement.

(Secs. 202, 226, 49 Stat. 623 as amended, 79 Stat. 290, as amended; 42 U.S.C. 402, 426) [34 F.R. 7237, May 2, 1969]

§ 404.701

Subpart H-Evidence

Evidence as to right to receive monthly benefits and lumpsum death payment, and to establishment of period of disability.

(a) Evidence of eligibility. An applicant for monthly benefits, a lump-sum death payment, or a period of disability shall submit such evidence of eligibility as is specified in this subpart. The Administration may at any time require additional evidence to be submitted with regard to entitlement, the right to receive payment, including the right of a funeral home to receive a lump-sum payment where applicant authorized such payment, the amount to be paid, or to the establishment of a period of disability. (For evidence requirements to support allegations of disability, see Subpart P of this part.)

(b) Failure to submit requested evidence of eligibility. Whenever an applicant for benefits, a lump-sum death payment, or the establishment of a period of disability, or an applicant who authorizes payment of the lump sum to a funeral home, has submitted no evidence or insufficient evidence of eligibility to such benefits, lump sum, or period of disability, or the eligibility of the funeral home to the lump sum, whichever is applicable, the Administration will inform the applicant what evidence is necessary for a determination as to eligibility and will request him to submit such evidence within a specified time. The applicant's failure to submit evidence as requested by the Administration shall be a basis for determining that the conditions of eligibility concerning which such evidence was requested have not been met. (For effect of failure or refusal of individual to present himself for an examination or test in a disability case, and failure to submit

evidence of disability, see §§ 404.1527 and 404.1530.)

(c) Evidence of nonoccurrence of termination, suspension, or deduction event. The Administration may at any time require any individual receiving, or claiming that he is entitled to receive a benefit or is entitled to the continuance of a period of disability under title II of the Act, either for himself or on behalf of another, to submit a written statement giving pertinent information bearing upon the issue of whether or not an event has occurred which would cause such benefit or such period of disability to be terminated, or which would subject such benefit to deductions or suspension under the provisions of such title. The failure on the part of such individual to submit such statement, properly executed, to the Administration, shall subject such benefit to deductions, suspension, or termination, or shall cause termination of a period of disability, as the case may be. (See 404.1539 for information relating to cessation of disability.)

(d) Place and manner of submitting evidence. Evidence in support of an application shall be filed at an office of the Social Security Administration or with an employee of the Social Security Administration authorized to receive such evidence at a place other than such office; except that in cases of persons who are not in the United States such evidence may be filed at an office maintained by the Foreign Service of the United States or, in case of persons in the Philippines, at the Veterans' Administration Regional Office in the Philippines, or with an employee of the Veterans' Administration authorized to receive such evidence at a place other than such office. Such evidence may be submitted as part of the application form if the form provides for its inclusion, or it may be submitted in addition to such form and in the manner indicated by the regulations in this Subpart H.

(e) Evidence filed with Railroad Retirement Board. When applications are made for annuities and lump sums under the Railroad Retirement Act (see Subpart of this part), which under certain circumstances are also applications for benefits and lump-sum death payments under title II of the act, evidence developed and received by the Railroad Retirement Board in support of claims under the Railroad Retirement Act

which are later transferred to the Administration may be used in determining entitlement to or eligibility for such benefits or lump-sum death payments payable under title II. Where a claim which has been completely adjudicated by the Railroad Retirement Board is transferred from that agency to the Administration, the Administration may, after examination, adopt as its initial determination any determination made by the Railroad Retirement Board (except as to compensation or periods of service-see section 5 (k) (3) of the Railroad Retirement Act), or, in light of the sufficiency of the supporting evidence or of new evidence which is introduced, may make such determination as shall be proper.

(f) Evidence filed with Veterans' Administration. When applications are made for benefits under Chapter 13 of title 38 of the United States Code which are also applications for survivors benefits under title II of the Social Security Act (see § 404.611a) information and supporting documents, or certifications thereof (see paragraph (g) of this § 404.701) submitted to the Veterans' Administration may be used in determining initial or continuing entitlement to such benefits payable under title II of the Social Security Act. The Social Security Administration may request the applicant or any other individual to furnish such additional evidence as it may consider necessary.

(g) Certification of evidence by authorized individual. In cases where a copy of a record, document, or other evidence, or an excerpt of information therefrom, is acceptable as evidence in lieu of the original, such copy or excerpt shall, except as may otherwise clearly be indicated, be certified as a true and exact copy or excerpt by:

(1) The official custodian of any such record; or

(2) An employee of the Social Security Administration authorized to make certifications of any such evidence; or

(3) An employee of the Veterans' Administration authorized to make such certifications in cases:

(i) Where such evidence is submitted or obtained in connection with an application for benefits under Chapter 13 of title 38, United States Code (see paragraph (f) of this section), or

(ii) where an individual in the Philippines has submitted evidence to the Veterans' Administration Regional Of

fice in the Philippines, or to an employee of the Veterans' Administration authorized to receive such evidence at a place other than such office.

[18 F.R. 2940, May 22, 1953, as amended at 18 F.R. 8693, Dec. 24, 1953; 25 F.R. 6467, July 9, 1960; 28 F.R. 214, Jan. 9, 1963; 28 F.R. 14492, Dec. 31, 1963]

§ 404.702 Evidence as to earnings.

The amounts of earnings credited to an individual and the periods to which such earnings are credited may be proved by the records of the Administration and by other evidence of probative value subject to the limitations prescribed in Subpart I of this part. An applicant for monthly benefits, a lump-sum death payment, or the establishment of a period of disability, need not submit evidence as to earnings unless requested to do so by the Administration. [28 F.R. 214, Jan. 9, 1963]

§ 404.703 Evidence as to age.

(a) When required. An applicant for benefits under title II of the Act shall file supporting evidence showing the date of his birth if his age is a condition of entitlement or is otherwise relevant to the payment of benefits pursuant to such title II. Such evidence may also be required by the Administration as to the age of any other individual when such other individual's age is relevant to the determination of the applicant's entitlement.

(b) Type of evidence to be submitted. Where an individual is required to submit evidence of date of birth as indicated in paragraph (a) of this section, he shall submit a public record of birth or a church record of birth or baptism established or recorded before his fifth birthday, if available. Where no such document recorded or established before age 5 is available, the individual shall submit as evidence of age another document or documents which may serve as the basis for a determination of the individual's date of birth provided such evidence is corroborated by other evidence or by information in the records of the Administration.

(c) Evaluation of evidence. Generally, the highest probative value will be accorded to a public record of birth or a church record of birth or baptism established or recorded before age 5. Where such record is not available, and other documents are submitted as evidence of age, in determining their proba

tive value, consideration will be given to when such other documents were established or recorded, and the circumstances attending their establishment or recordation. Among the documents which may be submitted for such purpose are: school record, census record, bible or other family record, church record of baptism or confirmation in youth or early adult life, insurance policy, marriage record, employment record, labor union record, fraternal organization record, military record, voting record, vaccination record, delayed birth certificate, birth certificate of child of applicant, physician's or midwife's record of birth, immigration record, naturalization record, or passport.

(d) Certified copy in lieu of original. In lieu of the original of any record, except a bible or other family record, there may be submitted as evidence of age a copy of such record or a statement as to the date of birth shown by such record, which has been duly certified (see § 404.701 (g)).

(e) When additional evidence may be required. If the evidence submitted is not convincing, additional evidence may be required.

[30 F.R. 15419, Dec. 15. 1965, as amended at 31 F.R. 6611, May 4, 1966]

§ 404.704 Evidence as to death.

(a) When required. An applicant for monthly benefits or a lump-sum death payment based upon the earnings of a deceased individual shall file supporting evidence as to the death of such individual and as to the time and place of such death. Such evidence may also be required by the Administration as to the death of any other individual when such other individual's death is relevant to the determination of the applicant's entitlement.

(b) Type of evidence to be submitted. Such evidence shall be of the following character:

(1) A certified copy of the public record of death, coroner's report of death, or verdict of the coroner's jury of the State or community where death occurred, or a certificate by the custodian of the public record of death or a statement of the contents of the record of death certified by an individual designated in § 404.701(g) (2) or (3), as appropriate; or

(2) A statement of the funeral director, attending physician, or intern of the institution where death occurred; or

(3) A certified copy of an official report or finding of death made by any agency or department of the United States which is authorized or requested to make such report or finding in the administration of any law of the United States, or a statement of the contents of such report or finding certified by an individual designated in §404.701(g) (2) or (3), as appropriate: Provided, however, That a finding of presumptive death made pursuant to section 5 of the Missing Persons Act (56 Stat. 143, 50 U.S.C. App. 1005), as amended, shall be accepted only as evidence of the fact of death and not of the date of death.

(4) If none of the evidence described in paragraph (b) (1), (2), and (3) of this § 404.704 is obtainable, the reason therefor shall be stated and the applicant may submit:

(i) The signed statements of two or more persons having personal knowledge of the death, setting forth the facts and circumstances as to the place, date, and cause of death; or

(ii) Other evidence of probative value. (c) Where death occurs outside the United States. If death occurs outside the United States there must be furnished a report of the death by a United States consul, or other agent of the State Department, bearing the signature and official seal of such consul or agent, or a certified copy of the public record of death authenticated by the United States consul or other agent of the State Department, or other evidence of probative value.

[25 F.R. 6467, July 9, 1960]

§ 404.705

Presumption of death.

Whenever it is necessary to determine the death of an individual in order to determine the right of another to a monthly benefit or a lump-sum death payment under section 202 of the act, and such individual has been unexplainedly absent from his residence and unheard of for a period of seven years, the Administration, upon satisfactory establishment of such facts and in the absence of any evidence to the contrary, will presume that such individual has died.

[16 F.R. 13055, Dec. 28, 1951]

lump-sum death payment based upon the earnings of a husband, wife, deceased husband, or deceased wife, as the case may be, shall submit, when SO requested, supporting evidence as specified in §§ 404.707 to 404.709, inclusive, as to her or his marriage to such individual, as to the time and place of marriage, and as to the termination of any former marriage. A former wife divorced who applies for benefits based upon the earnings of her deceased divorced husband shall submit, when so requested, supporting evidence as specified in § 404.710 as to her marriage to such individual and her divorce from him. Evidence of marriage may also be required by the Administration as to the marriage of any other individual when such marriage is relevant to the determination of an applicant's entitlement. Where a widow or former wife divorced, whose remarriage has been terminated by the death of her subsequent husband applies for widow's or mother's benefits based on the earnings of her former deceased husband, such widow or former wife divorced shall submit evidence of her marriage to such subsequent husband as specified in § 404.707 and evidence of his death as specified in § 404.704. Where an applicant alleges annulment of a marriage which marriage would otherwise bar initial entitlement to benefits or preclude reinstatement to benefits previously terminated by reason of such marriage, such applicant shall submit evidence of the annulment of such marriage as specified in § 404.709.

[28 F.R. 214, Jan. 9, 1963] § 404.707

Evidence

marriage.

as

to ceremonial

(a) Type of evidence to be submitted. Evidence as to a ceremonial marriage shall be of the following character:

(1) A copy of the public record of marriage or a statement as to the marriage which has been duly certified (see § 404.701 (g)); or

(2) A copy of the church record of marriage or a statement of the contents of such record as to such marriage which has been duly certified (see § 404.701 (g)); or

(3) The original certificate of marriage; or

(4) If none of the evidence described in subparagraphs (1), (2), and (3) of this paragraph (a) of § 404.707 is obtainable, the reason therefor shall be stated and the applicant may submit:

(1) The signed statement of the clergyman or official who performed the marriage ceremony; or

(ii) Other evidence of probative value. (b) When claimant's statement of ceremonial marriage may be accepted. If the application for benefits, in support of which evidence of a ceremonial marriage is required, is for a lump-sum death payment to a widow or widower of the individual on whose earnings such payment is claimed the Social Security Administration may accept, in lieu of the evidence enumerated in paragraph (a) of this 404.707 a statement, signed by the claimant, that he or she was ceremonially married to the deceased. If the application is for husband's or wife's monthly benefits, such a statement of the claimant may be so accepted only if confirmed in writing by the individual on whose earnings such benefits are claimed. [25 F.R. 6468, July 9, 1960]

§ 404.708 Evidence as to common-law marriage.

Evidence as to a common-law marriage shall be such as to disclose the facts upon which the informant bases his belief as to the existence of such marriage. Such evidence shall be as follows:

(a) If the husband and wife are living, such evidence shall be in the form of signed statements of the husband and wife and two of their blood relatives. The signed statement of another individual may be substituted for the statement of each such relative which is not obtainable;

(b) If either the husband or wife is deceased, such evidence shall be in the form of signed statements of the surviving spouse and of two blood relatives of the deceased spouse. The signed statement of another individual may be substituted for the statement of any such relative, upon a written showing that such relative's statement is not reasonably obtainable;

(c) If both the husband and wife are deceased, such evidence shall be in the form of signed statements of one blood relative of each deceased spouse. The signed statement of another individual may be substituted for the statement of any such relative, upon a written showing that such relative's statement is not reasonably obtainable.

(d) If none of the evidence described in paragraphs (a), (b), and (c) of this

section is obtainable, the reason therefor shall be stated and the applicant may submit other evidence of probative value. The corroborative statements by relatives or other individuals described in paragraphs (a) and (b) of this section may, in the discretion of the Administration, be omitted where the parties entered into a formal marriage ceremony which was void because of a legal impediment then existing to the marriage, and where the impediment was removed and thereafter they continued to live together as man and wife until the application was filed or until the death of one of them, if under applicable State law a valid common-law marriage could come into existence as a result of continued cohabitation as man and wife, or a subsequent agreement of marriage, or both [16 F.R. 13056, Dec. 28, 1951] § 404.708a

Evidence as to deemed valid

marriage.

An applicant whose status as a wife, husband, widow, or widower of the insured individual upon whose earnings the claim is based depends upon a purported marriage to such individual which is deemed to be a valid marriage under section 216(h) (1) (B) of the Act, shall submit, in order to establish his or her status as such, evidence consisting of the following:

(a) Evidence of the ceremonial marriage of the type listed in § 404.707(a); and

(b) Applicant's signed statement as to whether he (or she) went through the marriage ceremony in good faith, believing that the marriage was valid at the time it was entered into, as to whether he (or she) knew of the impediment to the marriage (e.g., an undissolved prior marriage) at such time and the reasons for his (or her) belief that the marriage was valid; and

(c) If insured individual is living, a signed statement from such individual concerning applicant's good faith and lack of knowledge of the impediment to the marriage, and also stating, if the insured individual's prior marriage is involved, what information had been given the applicant (before they went through the marriage ceremony) of the prior marriage and its alleged dissolution; and

(d) Upon request, if the applicant's marriage to the insured individual is invalid because of a prior undissolved marriage, and the prior spouse is living and