B-160219, NOV. 1, 1966

B-160219: Nov 1, 1966

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YOU ARE ADVISED WE HAVE NO ALTERNATIVE UNDER THE APPLICABLE STATUTORY PROVISIONS BUT TO SUSTAIN THE DISALLOWANCE. PROVIDES AS FOLLOWS: "* * * IF AN INDIVIDUAL DIES BEFORE ANY PAYMENT DUE HIM UNDER THIS TITLE IS COMPLETED. THE TOTAL AMOUNT DUE AT THE TIME OF HIS DEATH DOES NOT EXCEED THE AMOUNT OF THE MONTHLY INSURANCE BENEFIT TO WHICH HE WAS ENTITLED FOR THE MONTH PRECEDING THE MONTH IN WHICH HE DIED. DETERMINED BY THE SECRETARY TO BE THE SURVIVING SPOUSE OF THE DECEASED INDIVIDUAL AND TO HAVE BEEN LIVING IN THE SAME HOUSEHOLD WITH THE DECEASED AT THE TIME OF HIS DEATH. OR "/2) IF THERE IS NO SUCH PERSON.

B-160219, NOV. 1, 1966

TO CAPTAIN EVA B. EASTER ANC:

IN REPLY TO YOUR LETTER OF SEPTEMBER 26, 1966, PROTESTING THE DISALLOWANCE OF YOUR CLAIM FOR THE SOCIAL SECURITY PAYMENT IN THE AMOUNT OF $47.10 FOR THE MONTH OF DECEMBER 1965 DUE YOUR MOTHER AT THE TIME OF HER DEATH, YOU ARE ADVISED WE HAVE NO ALTERNATIVE UNDER THE APPLICABLE STATUTORY PROVISIONS BUT TO SUSTAIN THE DISALLOWANCE.

SECTION 329 OF THE SOCIAL SECURITY AMENDMENTS OF 1965, APPROVED JULY 30, 1965 (79 STAT. 401), PROVIDES AS FOLLOWS:

"* * * IF AN INDIVIDUAL DIES BEFORE ANY PAYMENT DUE HIM UNDER THIS TITLE IS COMPLETED, AND THE TOTAL AMOUNT DUE AT THE TIME OF HIS DEATH DOES NOT EXCEED THE AMOUNT OF THE MONTHLY INSURANCE BENEFIT TO WHICH HE WAS ENTITLED FOR THE MONTH PRECEDING THE MONTH IN WHICH HE DIED, PAYMENT OF THE AMOUNT DUE SHALL BE MADE---

"/1) TO THE PERSON, IF ANY, DETERMINED BY THE SECRETARY TO BE THE SURVIVING SPOUSE OF THE DECEASED INDIVIDUAL AND TO HAVE BEEN LIVING IN THE SAME HOUSEHOLD WITH THE DECEASED AT THE TIME OF HIS DEATH, OR

"/2) IF THERE IS NO SUCH PERSON, OR IF SUCH PERSON DIES BEFORE RECEIVING PAYMENT, TO THE LEGAL REPRESENTATIVE OF THE ESTATE OF SUCH DECEASED INDIVIDUAL.'

WE APPRECIATE YOUR VIEWS ON YOUR ENTITLEMENT TO THE AMOUNT DUE. HOWEVER, WE BELIEVE THE ABOVE-QUOTED PROVISIONS, CONTROLLING HEREIN, CLEARLY DEMONSTRATE WHY WE CANNOT FAVORABLY ACT UPON ..END :