20 C.F.R. PART 219—EVIDENCE REQUIRED FOR PAYMENT
Title 20 - Employees' Benefits
Authority: 45 U.S.C 231f.
Source: 54 FR 31942, Aug. 3, 1989, unless otherwise noted.
As described in parts 216 (Eligibility for an Annuity), 234 (Lump-Sum Payments), and 222 (Family Relationships), certain requirements must be met before benefits may be paid under the Railroad Retirement Act. This part contains the basic rules for evidence that is required to support a claimant's claim for monthly or lump-sum benefit payments under the Railroad Retirement Act. Part 219 describes when evidence is required and what types of documents can be used as evidence. Part 222 defines and explains family relationships for which evidence requirements are stated in part 219. Special evidence requirements for disability annuities are found in part 220 of this chapter. As used in this subpart— Annuity means a recurring payment due an entitled person for a calendar month and made to him or her on the first day of the following month. Apply means to sign a form or statement that the Board accepts as an application. Claimant means the person who files an application for an annuity or lump-sum payment for himself, herself, or some other person. Benefit means any employee annuity, spouse annuity, survivor annuity, or lump-sum payment under the Railroad Retirement Act. Convincing evidence means one or more pieces of evidence that proves to the satisfaction of the Board that an individual meets a requirement for eligibility for benefits. See §219.7 for guides the Board uses in deciding whether evidence is convincing. Eligible means that a person meets all of the requirements for payment of benefits but has not yet applied therefor. Entitled means that a person has applied for and has proved his or her right to payment of benefits. Evidence means any record or document or testimony that helps to show whether a person is eligible for benefits. It may also be used to establish whether the person is still entitled to benefits. Representative means a person who acts on behalf of a claimant in regard to his or her claim for benefits from the Board and in the presentation of evidence to support the claim. (a) To prove initial eligibility. The Board will ask for evidence to prove a claimant is eligible for benefits when he or she applies for benefits. Usually the Board will ask the claimant to furnish specific kinds of evidence or information by a certain date to prove initial eligibility for benefits. If evidence or information is not received by that date, the Board may decide that the claimant is not eligible for benefits and will deny his or her application. (b) To prove continued entitlement. After a claimant establishes entitlement to an annuity, the Board may ask that annuitant to produce by a certain date information or evidence needed to decide whether he or she may continue to receive an annuity or whether the annuity should be reduced or stopped. If the information is not received by the date specified, the Board may decide that the person is no longer entitled to benefits or that his or her annuity should be stopped or reduced. (a) Claimant or representative responsible. When evidence is required to prove a person's eligibility for or right to continue to receive annuity or lump-sum payments, that claimant or his or her representative is responsible for obtaining and submitting the evidence to the Board. (b) What to do when required evidence will be delayed. When the required evidence cannot be furnished within the specified time, the claimant or representative who was asked to furnish the evidence or information should notify the Board and explain why there will be a delay. If the delay is caused by illness, failure to receive the information from another source, or a similar situation, the claimant will be allowed a reasonable time to secure the evidence or information. If the information is not received within a reasonable time as determined by the Board, the claimant or representative who was asked to furnish the evidence or information will be notified of the effect that his or her failure to furnish the evidence or information will have on the claimant's eligibility to receive or continue to receive payments. (a) When Board office is accessible. A claimant or representative should give his or her evidence to an employee of the Railroad Retirement Board office where he or she files the application. An employee of the Board will tell the claimant or representative what is needed and how to get it. (b) When Board office is not accessible. A claimant who lives in an area where there is no Board office or who is unable to travel to a Board office may send evidence to the Board office nearest to where the claimant lives. A claimant who lives outside the United States may take evidence to the American embassy or consulate or other Foreign Service Office nearest to where he or she lives or send it to the headquarters of the Board. (a) General. If a claimant or an annuitant provides an original document or record as evidence to prove eligibility or continued entitlement to payments, where possible, a Board employee will make a photocopy or transcript of these original documents or records and return the original documents to the person who furnished them. A claimant may also submit certified copies of original records as described in paragraph (c) of this section. The Board may also accept uncertified copies as described in paragraph (d) of this section. (b) Foreign-language documents. If the evidence submitted is a foreign-language document, the Board may require that the record be translated. An acceptable translation includes, but is not limited to, a translation certified by a United States consular official or employee of the Department of State authorized to certify evidence, or by an employee of the Board or the Social Security Administration. (c) Certified copies of original records. The Board will accept copies of original records or extracts from records if they are certified as true and exact copies of the original by— (1) The official custodian of the record; (2) A Veterans Administration employee, if the evidence was given to that agency to obtain veterans benefits; (3) A Social Security Administration employee, if the evidence was given to that agency to obtain social security benefits; (4) A United States Consular Officer, an employee of the Department of State, or an employee of the Immigration and Naturalization Service 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. (d) Uncertified copies and facsimiles. In lieu of certified paper copies of records or extracts from such official sources as listed in paragraph (c) of this section, the Board will accept facsimile copies of such records or extracts when the official custodian of such records transmits the facsimile directly to an office of the Board and the source of the transmittal is clearly identified on the facsimile. [54 FR 31942, Aug. 3, 1989, as amended at 65 FR 19829, Apr. 13, 2000] When the Board receives evidence, a Board representative examines it to see if it is convincing evidence. If it is, no other evidence is needed. In deciding whether the evidence is convincing, the Board representative decides whether— (a) The 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) The information contained in the evidence was given under oath, or in the presence of witnesses, or with the knowledge that there was a penalty for giving false information; (d) The evidence was created at the time the event took place or shortly after; (e) The evidence has been altered or has any erasures on it; and (f) The information contained in the evidence agrees with other available evidence, including existing Board records. (a) Preferred evidence. When a claimant submits the type of evidence shown as preferred in subparts B and C of this part, the Board will generally find it is convincing evidence. This means that unless there is information in the Board's records that raises a doubt about the evidence, other evidence to prove the same fact will not be needed. (b) Other evidence. If preferred evidence is not available, the Board will consider any other evidence a claimant furnishes. If the other evidence consists of several different records or documents which all show the same information, the Board may determine that it is convincing evidence even though it is not preferred evidence. If the other evidence is not convincing by itself, the claimant will be asked to submit additional evidence. If the additional evidence shows the same information all the evidence considered together may be convincing evidence. (c) Board decision. When the Board has convincing evidence of the facts that must be proven, or when it is clear that the evidence provided does not prove the necessary facts, the Board will make a formal decision about the applicant's rights to benefits. The Railroad Retirement Act provides criminal penalties for any persons who misrepresent the facts or make false statements to obtain payments for themselves or someone else. All evidence and documents given to the Board are kept confidential and are not disclosed to anyone but the person who submitted them, except under the rules described in part 200 of this chapter. (a) Evidence of age is required when an employee applies for an annuity under the Railroad Retirement Act or for Medicare coverage under title XVIII of the Social Security Act. (b) Evidence of age is also required from a person who applies for a spouse's or divorced spouse's, widow's, widower's, surviving divorced spouse's, parent's, or child's annuity under the Railroad Retirement Act, or for Medicare coverage under title XVIII of the Social Security Act. (a) Preferred evidence. The best type of evidence to prove a claimant's age is— (1) A birth certificate recorded before age 5; (2) A church record of birth or baptism recorded before age 5; or (3) Notification of registration of birth made before age 5. (b) Other evidence of age. If an individual cannot obtain preferred evidence of age, he or she will be asked to submit other convincing evidence to prove age. The other evidence may be one or more of the following records, with the records of highest value listed first: (1) Hospital birth record or certificate. (2) Physician's or midwife's birth record. (3) Bible or other family record. (4) Naturalization record. (5) Military record. (6) Immigration record. (7) Passport. (8) Selective service registration record. (9) Census record. (10) School record. (11) Vaccination record. (12) Insurance record. (13) Labor union or fraternal record. (14) Employer's record. (15) Marriage record. (16) A statement signed by the individual giving the reason why he or she cannot obtain other convincing evidence of age and the sworn statements of two other persons who have personal knowledge of the age that the individual is trying to prove. (a) When evidence of the employee's death is required. Evidence to prove the employee's death is always required for payment of any type of survivor annuity or lump-sum payment based on the deceased employee's record. See parts 216 and 234 for types of survivor payments. (b) When evidence to prove death of other persons is required. Evidence to prove the death of persons other than the empoyee is required when— (1) A claimant, who is eligible for survivor benefits, dies after the employee; (2) A residual lump sum (see part 234 of this chapter) is payable and a person whom the employee named to receive all or part of this payment dies before the employee, or such person dies after the employee but before receiving his or her share of the benefit; or (3) There is reasonable doubt of the death of— (i) Any person who, if alive, has priority over the applicant; (ii) Any spouse whose death is alleged to have ended a previous marriage, if a later marriage in question cannot be presumed valid under state law; or (iii) Any person the termination of whose entitlement would increase payments to other entitled persons. (a) Preferred evidence of death. The best evidence of a person's death is— (1) A certified copy of or extract from the public record of death, or verdict of the coroner's jury of the state or community where death occurred; or a certificate or statement of death issued by a local registrar or public health official; (2) A signed statement of the funeral director, attending physician, or official of an 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 of a state; or (4) If death occurred outside the United States, an official report of death by a United States Consul or other authorized employee of the State Department, or a certified copy of the public record of death in a foreign country. (b) Other evidence of death. If the preferred evidence of death cannot be obtained, the individual who must furnish evidence of death will be asked to explain the reason therefor and to submit other convincing evidence, such as sworn statements of at least two persons who have personal knowledge of the death. These persons must be able to swear to the date, time, place, and cause of death. When a person cannot be proven dead but evidence of death is needed, the Board may presume he or she died at a certain time if the Board receives 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 stated in Federal law (5 U.S.C. 5565). Unless other evidence is submitted showing an actual date of death, the Board will use the date on which the person was reported missing as the date of death. (b) Signed statements by those in a position to know that facts and other records which show that the person has been absent from his or her residence for no apparent reason and has not been heard from for at least 7 years. If there is no evidence available that that person continued in life after the date of disappearance, the Board will use as the date of death the date the person disappeared. (c) When a person has been missing for less than 7 years but may be presumed dead due to drowning or common disaster (fire, accident, etc.), signed statements from the applicant and individuals who know the circumstances surrounding the occurrence leading to the person's disappearance. The best evidence is statements from individuals who witnessed the occurrence or saw the missing person at the scene of the occurrence shortly before it happened. (a) When an application is filed for benefits. Documentary evidence of marriage is required when an individual files for a monthly annuity, lump-sum death payment, residual lump sum, or Medicare coverage, as the wife, husband, widow, widower, divorced spouse or surviving divorced spouse, or stepparent of the employee. A claimant may also be required to submit evidence of another person's marriage when that person's marriage is necessary to determine the applicant's entitlement to benefits under the Railroad Retirement Act. (b) State law. In deciding whether the marriage to the employee is valid or not, in a case where the employee is living, the Board will follow the law of the state where the employee had a permanent home when the applicant filed an application; in a case where the employee is dead, the Board will follow the law of the state where the employee had a permanent home when he or she died. (c) Types of evidence. What evidence will be required depends on whether the employee's marriage was a ceremonial marriage, a common-law marriage, or a marriage that can be deemed to be valid. (a) Preferred evidence. Preferred evidence of a ceremonial marriage is— (1) A copy of the public record of the marriage, certified by the custodian of the record or by a Board employee; (2) A copy of a church record of the marriage certified by the custodian of the record or by a Board employee; or (3) The original certificate of marriage. (b) Other evidence of a ceremonial marriage. If preferred evidence of a ceremonial marriage cannot be obtained, the applicant must state the reason therefor in writing and submit either— (1) A sworn statement of the clergyman or official who performed the marriage ceremony; or (2) Other convincing evidence, such as the sworn statements of at least two persons who have direct knowledge of the marriage, preferably eyewitnesses to the marriage ceremony. (a) Preferred evidence. Evidence of a common-law marriage must give the reasons why the informant believes that a marriage exists. If the information described in this paragraph is not furnished on a form provided by the Board, it must be submitted in the form of a sworn statement. Preferred evidence of a common-law marriage is one of the following: (1) If both the husband and wife are alive, each shall sign a statement and get signed statements from one blood relative of each. The statement of another individual may be submitted for each statement the husband or wife is unable to get from a relative. Each signed statement should show— (i) That the husband and wife believed they were married; (ii) The basis for this belief; and (iii) That the husband and wife have presented themselves to the public as husband and wife. (2) If either the husband or wife is dead, the surviving spouse shall furnish a signed statement and signed statements from two blood relatives of the dead spouse. The surviving spouse's statement should show that he or she and the dead spouse believed themselves to be married, the basis for this belief, and that they presented themselves to the public as husband and wife. The statements from relatives of the dead spouse should support the surviving spouse's statement. (3) If both husband and wife are dead, the applicant shall get a signed statement from one blood relative of each dead spouse. Each statement should show that the husband and wife believed themselves to be married, the basis for this belief, and that they presented themselves to the public as husband and wife. (4) Statements by relatives and other individuals described in paragraphs (a)(1), (2) and (3) of this section are not required when— (i) The husband and wife entered into a ceremonial marriage which was void because of a legal impediment to the marriage; (ii) After the impediment was removed, the husband and wife continued to live together as man and wife until the employee filed an application or one of them died; and (iii) A valid common-law marriage was established, under the law of the State in which they lived, by their continuing to live together as man and wife. (b) Other evidence of common-law marriage. When preferred evidence of a common-law marriage cannot be obtained, the claimant will be asked to explain the reason therefor and to furnish other convincing evidence of the marriage. (a) Preferred evidence. Preferred evidence of a deemed valid marriage is— (1) Evidence of a ceremonial marriage as described in §219.31; (2) If both the employee and spouse are alive, the spouse's signed statement that he or she went through the ceremony in good faith and his or her reasons for believing the marriage was valid; or if the employee is dead, the widow or widower's signed statement to that effect; (3) If required to remove a reasonable doubt, the signed statements of other persons who have information about what the parties knew about any previous marriage or other facts showing whether the parties went through the marriage ceremony in good faith; and (4) Evidence that the parties were living in the same household when the employee applied for payments; or, if the employee is dead, when he or she died. See §219.51 for the evidence required to demonstrate living in the same household. (b) Other evidence of a deemed valid marriage. If preferred evidence of a deemed valid marriage cannot be obtained, the claimant must explain the reason therefor and submit other convincing evidence of the marriage. Evidence of how a previous marriage ended may be required to determine whether a later marriage is valid. If a widow or widower remarried after the employee's death and that marriage was annulled, evidence of the annulment is required. If the claimant is a divorced spouse or surviving divorced spouse, evidence to prove a final or absolute divorce from the employee may be required. (a) Preferred evidence. Preferred evidence that a marriage has ended is— (1) A certified copy of the decree of divorce or annulment; or (2) Evidence of the death (See §219.23) of a party to the marriage. (b) Other evidence that a marriage has ended. If preferred evidence that the marriage has ended cannot be obtained, the claimant must explain the reason therefor and submit other convincing evidence that the marriage has ended. (a) When parent or child applies. A person who applies for a parent's or child's annuity or for Medicare coverage is required to submit evidence of his or her relationship to the deceased employee. (b) When individual with child in care applies. An individual who applies for an annuity because he or she has a child of the employee in care is required to submit evidence of the child's relationship to the employee. (c) Evidence required depends on relationship. The evidence the Board will require depends on whether the person is the employee's natural child, adopted child, stepchild, grandchild, or stepgrandchild; or whether the person is the employee's natural parent or adopting parent. (a) Preferred evidence. If the claimant is the natural parent of the employee, preferred evidence of the ralationship is a copy of the employee's public or religious birth record. If the claimant is the natural child of the employee, preferred evidence of the relationship is a copy of the child's public or religious birth record. (b) Other evidence of parent or child relationship. (1) When preferred evidence of a parent or child relationship cannot be obtained, the Board may ask the applicant for evidence of the employee's marriage or of the marriage of the employee's parents if that is needed to remove any reasonable doubt of the relationship. (2) To show that a person is the child of the employee, the person may be asked for evidence that he or she would be able to inherit the employee's personal property under the law of the state where the employee died or had a permanent home. (3) In some instances the Board may ask for a signed statement from the employee that a person is his or her natural child, or for a copy of a court order showing that the person has been declared to be the child of the employee, or for a copy of a court order requiring the employee to contribute to the person's support because the person is his or her child, or for any other supporting evidence which may be required in order to establish that the person is the child of the employee. If the claimant is a stepparent or stepchild of the employee, the Board will ask for the evidence described in §219.37 or §219.39 which shows the person's natural or adoptive relationship to the employee's husband, wife, widow, or widower. The Board will also ask for evidence of the husband's, wife's, widow's or widower's marriage to the employee (See §§219.30–219.33). (a) Preferred evidence. Preferred evidence of legal adoption is— (1) A copy of the decree or order of adoption, certified by the custodian of the record; (2) A photocopy of the decree or order of adoption; or (3) If the widow or widower adopted the child after the employee's death, the evidence described in paragraph (a)(1) or (2) of this section; the widow's or widower's statement as to whether the child was living in the same household with the employee when the employee died (see §§219.50 and 219.51); what support, if any, the child was getting from another person or organization; and if the widow or widower had a deemed valid marriage with the employee, evidence of that marriage (see §219.33). (b) Other evidence of legal adoption. In some states the record of adoption proceedings is sealed and cannot be obtained without a court order. In this event, the Board will accept as proof of adoption an official notice received by the adopting parents at the time of adoption that the adoption has been completed or a birth certificate issued as a result of the adoption proceeding. (a) Preferred evidence. If the claimant is a person who claims to be the equitably adopted child of the employee (or of the employee's wife, widow, widower, or husband), as defined in part 222 of this chapter, the Board will ask for evidence of the agreement to adopt if it is in writing. The Board will also ask for written statements from the child's natural parents as well as adopting parents concerning the child's relationship to the adopting parents. (b) Other evidence. If the agreement to adopt was not in writing, the Board will require other convincing evidence about the child's relationship to the adopting parents. If the child is the grandchild or stepgrandchild of the employee, the Board will require the kind of evidence described in §§219.36–219.38 that shows that child's relationship to his or her parents and his or her parents' relationship to the employee. Evidence of a child's dependency on the employee is required when— (a) The employee is receiving an annuity that can be increased under the social security overall minimum (see part 229 of this chapter) by including a child, grandchild or a spouse who has a child in his or her care; (b) A wife under age 65 applies for a full spouse annuity because she has a child or a grandchild of the employee in her care; or (c) A child or someone in behalf of a child applies for a child's annuity based on the deceased employee's record. (a) When the dependency requirement must be met. Usually the dependency requirement must be met at one of the times shown in part 222 of this chapter. (b) Natural or adopted. If the child is the employee's natural or adopted child, the Board may ask for the following evidence: (1) A signed statement by someone who knows the facts that confirms that the child is the natural or adopted child. (2) If the child was adopted by someone else while the employee was alive but the adoption was annulled, the Board may require a certified copy of the annulment decree or other convincing evidence of the annulment. (3) A signed statement by someone having personal knowledge of the circumstances showing when and where the child lived with the employee and when and why they may have lived apart; and showing what contributions the employee made to the child's support and how the contributions were made. (c) Stepchild. If the child is the employee's stepchild, the Board may ask for the following evidence; (1) A signed statement by someone having personal knowledge of the circumstances showing when and where the child lived with the employee and when and why they may have lived apart. (2) A signed statement by someone having personal knowledge of the circumstances showing what contributions the employee made to the child's support, the child's ordinary living costs and the income and support the child received from any other source during the relevant time as required by §222.55 of this chapter. (d) Grandchild or stepgrandchild. If the child is the employee's grandchild or stepgrandchild, the Board will require the evidence described in paragraph (c) of this section. The Board will also require evidence of the employee's death or disability. (a) Claimants other than child or parent. When any person other than a child or parent applies for benefits due because of the employee's death or because of the death of a beneficiary, the Board may ask the claimant for evidence of relationship. (b) Evidence required. The type of evidence required is dependent upon the amount payable and the claimant's relationship to the deceased employee or beneficiary. (c) More than one eligible and claimants agree on relationship. If there is more than one person eligible for benefits, and all eligible persons agree on the relationship of each other eligible person, only one of the persons will be asked to furnish proof of relationship. For example, if brothers and sisters of a deceased employee file applications for the residual lump sum or annuity payments due but unpaid at death, only one of them need file proof of relationship if their applications indicate that there is no dispute as to who are the brothers and sisters of the employee. Evidence of “living with” (see part 222 of this chapter on Family Relationships) is required when— (a) The employee's spouse applies for a spouse's annuity as a deemed spouse; or (b) The employee's legal widow or widower applies for a lump-sum death payment, annuity payments due the employee but unpaid at death, or a residual lump-sum death payment on the basis of that relationship, or the employee's deemed widow or widower applies for a widow's or widower's annuity. The following evidence may be required: (a) If the employee is alive, both the employee and his or her spouse must sign a statement that they are living together in the same household when the spouse applies for a spouse's annuity as a deemed spouse. (b) If the employee is dead, the widow or widower must sign a statement showing whether he or she was living together in the same household with the employee when the employee died. (c) If the employee and spouse, widow or widower were temporarily living apart, a signed statement is required explaining where each was living, how long the separation lasted, and the reason for separation. If more evidence is required to remove any reasonable doubt about the temporary nature of the separation, the Board may ask for sworn statements of other persons having personal knowledge of the facts or for other convincing evidence. (d) If the employee and spouse, widow, or widower were not living in the same household, the Board may ask for evidence that the employee was contributing to or under court order to contribute to the support of his or her spouse, widow, or widower. Evidence of contributions or a certified copy of the order for support may be requested. The court order for support must be in effect on the day the spouse applies for a spouse's annuity or, if the employee is dead, the day of the employee's death. This type of evidence does not apply for purposes of establishing a deemed valid marriage. (See part 222 of this chapter.) A deemed spouse, widow, or widower must furnish evidence as described in paragraphs (a) and (b) of this section. A person who applies for a spouse's, widow's or widower's, or surviving divorced spouse's annuity on the basis of caring for a child, or for an increase under the social security overall minimum guaranty provision based on caring for a child, is required to furnish evidence that he or she has in care an eligible child of the employee as described in part 222 of this chapter. What evidence the Board will require depends upon whether the child is living with the applicant or with someone else. (a) Preferred evidence of having a child in care. Preferred evidence of having a child in care is— (1) If the child is living with the applicant, the claimant's signed statement showing that the child is living with him or her. (2) If the child is living with someone else— (i) The claimant's signed statement showing with whom the child is living and why. The claimant must also show when the child last lived with him or her, how long the separation will last, and what care and contributions he or she provides for the child; and (ii) The signed statement of the person with whom the child is living showing what care the claimant provides and the sources and amounts of support received by the child. If the child is in an institution, an official thereof should sign the statement. A copy of any court order or written agreement showing who has custody of the child should be provided to the Board. (b) Other evidence. If the preferred evidence described in paragraph (a) of this section cannot be obtained, the Board will require other convincing evidence that the applicant has the child in care. If a child age 18 applies for payments as a student, the Board will require evidence that the child is attending elementary or secondary school. After the child has started his or her school attendance, the Board may also ask for evidence that he or she is continuing to attend school full time. To be acceptable to the Board, the child must submit the evidence of school attendance within 90 days of the date the evidence is requested by the Board. The child will be asked to submit (on a form furnished by the Board or other form acceptable to the Board) the following evidence: (a) A signed statement that he or she is attending school full-time and is not being paid by an employer to attend school; and (b) A statement from an official of the school verifying that the child is attending school full-time. The Board may also accept as evidence a letter of acceptance from the school, receipted bill, or other evidence showing that the child has enrolled or been accepted at that school or is continuing in full-time attendance. If a person applies for a parent's annuity, the Board will require evidence to show that the parent received at least one-half of his or her support from the employee in the one-year period before— (a) The employee died; or (b) The beginning of a period of disability if the employee had a period of disability which did not end before his or her death. (a) The Board will require the parent's signed statement showing his or her income, any other sources of support, the amount from each source and his or her expenses during the one-year period. (b) The Board may also ask the parent for signed statements from other people who know the facts about his or her sources of support. (c) If the statements described in paragraphs (a) and (b) of this section cannot be obtained, the Board will require other convincing evidence that the parent is receiving one-half of his or her support from the employee. If a person applies for the lump-sum death payment because he or she is responsible for paying the funeral home or burial expenses of the employee or because he or she has paid some or all of these expenses, the Board will require evidence of such payment. The Board will ask for the following evidence: (a) The claimant's signed statement showing— (1) That he or she accepted responsibility for the funeral home expenses or paid some or all of these expenses or other burial expenses; or the name and address of the person who accepted responsibility for or paid these expenses; (2) Total funeral home expenses and, if necessary, the total of other burial expenses; and if someone else paid part of the expenses, that person's name, address, and the amount he or she paid; (3) The amount of cash or property the applicant expects to receive as repayment for any burial expenses he or she paid; and whether anyone has applied for any burial allowance from the Veterans Administration or other governmental agency for these expenses; and (4) If the claimant is an owner or official of a funeral home, a signed statement from anyone, other than employee of the home, who helped make the burial arrangements showing whether he or she accepted responsibility for paying the burial expenses. (b) Unless the claimant is an owner or official of a funeral home, a signed statement from the owner or official of the funeral home which handled the deceased employee's funeral and, if necessary, from those who supplied other burial goods or services which shows— (1) The name and address of everyone who accepted responsibility for or paid any part of the burial expenses; and (2) Information which the owner or official of the funeral home and, if necessary, any other supplier has about the expenses and payments described in paragraphs (a)(2) and (a)(3) of this section. The Board may ask for evidence to prove where the employee had a permanent home at the time of filing an application or, if earlier, at the time the employee died if— (a) The claimant is applying for payments as the employee's wife, husband, widow, widower, parent, or child; and (b) The claimant's relationship to the employee depends upon the laws of the state where the employee had his or her permanent home when his or her wife or husband applied for an annuity or when the employee died. The Board will ask for the following evidence to establish the employee's permanent home: (a) The claimant's signed statement showing what the employee considered to be his or her permanent home. (b) If the statement in paragraph (a) of this section or other evidence raises a reasonable doubt in establishing the employee's permanent home, evidence of where the employee paid personal property taxes, real estate taxes, or income taxes; or evidence where the employee voted; or other convincing evidence. The principle of “good cause”, as defined in part 217 of this chapter, is applied by the Board in determining whether to allow an application which is submitted more than two years after the employee's death as acceptable for the lump-sum death payment or for an annuity unpaid at death, or to accept the proof of support required for entitlement to a parent's annuity if such proof is filed more than two years after the employee's death. The Board will ask for the following evidence of “good cause”: (a) The claimant's signed statement explaining why he or she did not file the application for lump-sum death payment or annuity unpaid at death or the parent's proof of support within the specified two-year period. (b) If the statement in paragraph (a) of this section or other evidence raises a reasonable doubt as to whether there was good cause, other convincing evidence to establish “good cause”. (a) The Board will require evidence of the appointment of a legal representative when— (1) The employee's estate is entitled to a lump-sum death payment, annuity unpaid at death, or residual lump sum, and an executor or administrator has been appointed for the estate; or (2) A minor child or incompetent is entitled to an annuity or lump-sum payment and a guardian, trustee, committee, or conservator has been appointed to act in his or her behalf. (b) The Board will require evidence of an annuitant's earnings when the information that he or she furnished the Board does not agree with the earnings data furnished by the Social Security Administration or secured from other sources, and the annuitant maintains that the earnings data from the Social Security Administration or from other sources is not correct. (c) The Board will require evidence to establish the amounts paid as a public service pension, public disability benefit, or worker's compensation to an employee, spouse, widow, or widower when the pension, public disability benefit, or worker's compensation affects the amount of his or her annuity. (d) The Board will require evidence to reconcile discrepancies between the information furnished by the claimant and information already in the records of the Board, the Social Security Administration, or other public agencies. Such discrepancies may be differences in name, date or place of birth, periods of employment, or other identifying data. (a) The Board may ask for a statement from an employer listing the annuitant's earnings by months and explaining any payments made to the annuitant when he or she was not working. (b) The Board may ask for copies of award notices from a public agency showing the amounts of periodic payments and the period covered by each payment. (c) The Board may ask for a statement from the applicant explaining discrepancies and may ask for sworn statements from persons who have personal knowledge of the facts or for any other convincing evidence. (d) The Board may ask for proof of the court appointment of a legal representative, such as: (1) Certified copy of letters of appointment; (2) “Short” certificate; (3) Certified copy of order of appointment; or (4) Any official document issued by the clerk or other proper official of the appointing court.
Title 20: Employees' Benefits
PART 219—EVIDENCE REQUIRED FOR PAYMENT
Section Contents
§ 219.1 Introduction.
§ 219.2 Definitions.
§ 219.3 When evidence is required.
§ 219.4 Who is responsible for furnishing evidence.
§ 219.5 Where and how to provide evidence.
§ 219.6 Records as evidence.
§ 219.7 How the Board decides what is convincing evidence.
§ 219.8 Preferred evidence and other evidence.
§ 219.9 Evidence, information, and records filed with the Board.
§ 219.20 When evidence of age is required.
§ 219.21 Types of evidence to prove age.
§ 219.22 When evidence of death is required.
§ 219.23 Evidence to prove death.
§ 219.24 Evidence of presumed death.
§ 219.30 When evidence of marriage is required.
§ 219.31 Evidence of a valid ceremonial marriage.
§ 219.32 Evidence of a common-law marriage.
§ 219.33 Evidence of a deemed valid marriage.
§ 219.34 When evidence that a marriage has ended is required.
§ 219.35 Evidence that a marriage has ended.
§ 219.36 When evidence of a parent or child relationship is required.
§ 219.37 Evidence of natural parent or child relationship.
§ 219.38 Evidence of stepparent or stepchild relationship.
§ 219.39 Evidence of relationship by legal adoption—parent or child.
§ 219.40 Evidence of relationship by equitable adoption—child.
§ 219.41 Evidence of relationship of grandchild or stepgrandchild.
§ 219.42 When evidence of child's dependency is required.
§ 219.43 Evidence of child's dependency.
§ 219.44 Evidence of relationship of a person other than a parent or child.
§ 219.50 When evidence of “living with” is required.
§ 219.51 Evidence to prove “living with”.
§ 219.52 When evidence of having a child in care is required.
§ 219.53 Evidence of having a child in care.
§ 219.54 When evidence of school attendance is required.
§ 219.55 Evidence of school attendance for child age 18.
§ 219.56 When evidence of a parent's support is required.
§ 219.57 Evidence of a parent's support.
§ 219.58 When evidence regarding payment of burial expenses is required.
§ 219.59 Evidence of responsibility for or payment of burial expenses.
§ 219.60 When evidence of the employee's permanent home is required.
§ 219.61 Evidence of where the employee had a permanent home.
§ 219.62 When evidence of “good cause” is required.
§ 219.63 What evidence is required to establish “good cause”.
§ 219.64 When evidence may be required for other reasons.
§ 219.65 Other types of evidence that may be required.
Subpart A—General Evidence Requirements
top
§ 219.1 Introduction.
top
§ 219.2 Definitions.
top
§ 219.3 When evidence is required.
top
§ 219.4 Who is responsible for furnishing evidence.
top
§ 219.5 Where and how to provide evidence.
top
§ 219.6 Records as evidence.
top
§ 219.7 How the Board decides what is convincing evidence.
top
§ 219.8 Preferred evidence and other evidence.
top
§ 219.9 Evidence, information, and records filed with the Board.
top
Subpart B—Evidence of Age and Death
top
§ 219.20 When evidence of age is required.
top
§ 219.21 Types of evidence to prove age.
top
§ 219.22 When evidence of death is required.
top
§ 219.23 Evidence to prove death.
top
§ 219.24 Evidence of presumed death.
top
Subpart C—Evidence of Relationship
top
§ 219.30 When evidence of marriage is required.
top
§ 219.31 Evidence of a valid ceremonial marriage.
top
§ 219.32 Evidence of a common-law marriage.
top
§ 219.33 Evidence of a deemed valid marriage.
top
§ 219.34 When evidence that a marriage has ended is required.
top
§ 219.35 Evidence that a marriage has ended.
top
§ 219.36 When evidence of a parent or child relationship is required.
top
§ 219.37 Evidence of natural parent or child relationship.
top
§ 219.38 Evidence of stepparent or stepchild relationship.
top
§ 219.39 Evidence of relationship by legal adoption—parent or child.
top
§ 219.40 Evidence of relationship by equitable adoption—child.
top
§ 219.41 Evidence of relationship of grandchild or stepgrandchild.
top
§ 219.42 When evidence of child's dependency is required.
top
§ 219.43 Evidence of child's dependency.
top
§ 219.44 Evidence of relationship of a person other than a parent or child.
top
Subpart D—Other Evidence Requirements
top
§ 219.50 When evidence of “living with” is required.
top
§ 219.51 Evidence to prove “living with”.
top
§ 219.52 When evidence of having a child in care is required.
top
§ 219.53 Evidence of having a child in care.
top
§ 219.54 When evidence of school attendance is required.
top
§ 219.55 Evidence of school attendance for child age 18.
top
§ 219.56 When evidence of a parent's support is required.
top
§ 219.57 Evidence of a parent's support.
top
§ 219.58 When evidence regarding payment of burial expenses is required.
top
§ 219.59 Evidence of responsibility for or payment of burial expenses.
top
§ 219.60 When evidence of the employee's permanent home is required.
top
§ 219.61 Evidence of where the employee had a permanent home.
top
§ 219.62 When evidence of “good cause” is required.
top
§ 219.63 What evidence is required to establish “good cause”.
top
§ 219.64 When evidence may be required for other reasons.
top
§ 219.65 Other types of evidence that may be required.
top
