§ 404.721: Presuming a Person is Dead – A Guide

The intricacies of legal language can often be confusing, leading to misunderstandings and misinterpretations.

One such area is the presumption of a person’s death when concrete evidence is lacking. In this blog post, we’re going to break down the U.S. Social Security regulation § 404.721 – Evidence to presume a person is dead, providing a clearer understanding of what it entails.

Understanding § 404.721:

When an individual’s death cannot be categorically confirmed, but it becomes necessary to establish evidence of death, there are certain criteria and conditions set out by § 404.721 which can be used to presume a person’s death.

(a) U.S. Official Reports:

The first method involves providing an official report or finding from a U.S. agency or department, which assumes the missing individual to be dead, as mandated by Federal law (5 U.S.C. 5565). In cases where there’s no other evidence indicating the actual date of death, the date when the person was reported missing is used as the presumed date of death.

(b) Statements & Records:

The second method hinges on statements from those who are in a position to know about the person’s absence, alongside other pertinent records. These documents must illustrate that the individual has been away from their home and unheard from for at least 7 years. Unless refuted under § 404.722, the presumed date of death can be the date they left home, the date ending the 7-year period, or another date. The choice depends on what the evidence suggests as the most likely date of death.

(c) Claims as a Grandchild or Stepgrandchild:

The third scenario is specific to grandchildren and stepgrandchildren of the insured person, who are applying for benefits. If there’s no evidence identifying a parent, the regulation presumes that the parent died during the first month the insured person started receiving benefits.

Example: John Doe, a well-known resident of a small town, suddenly disappeared in 2023. Despite a thorough investigation by local authorities and the involvement of a federal agency, no conclusive evidence about his whereabouts or his living status could be found.

Seven years later, in 2030, John’s daughter, Jane Doe, decided to apply for the benefits her father had been entitled to. She was unable to provide any concrete evidence proving John’s death, but she needed to establish his death for legal and financial purposes.

Here’s how § 404.721 applied in Jane’s case:

(a) U.S. Official Reports:

Jane provided the Social Security Administration (SSA) with a report from the federal agency involved in her father’s case. The report stated that John was presumed dead as no evidence of his living status was found since he went missing in 2023. In this case, the SSA would use the date he was reported missing (2023) as the presumed date of death.

(b) Statements & Records:

In addition, Jane furnished signed statements from the local law enforcement officers involved in the initial investigation, neighbors, and family friends, indicating that John had been missing and had not been in contact for over seven years. She also provided bank statements showing no activity in his accounts during this time. With this evidence, the SSA could choose to use the date he was last seen (2023), the date ending the 7-year period (2030), or another date as the presumed date of death, depending on what they believe is the most likely date of death based on the evidence.

(c) Claims as a Grandchild or Stepgrandchild:

This scenario doesn’t apply to Jane, but if John’s grandchild had tried to claim benefits without clear identification of a parent, the SSA would presume that the parent (in this case, Jane) died during the first month John started receiving benefits.

By navigating § 404.721, Jane was able to establish a presumption of her father’s death, allowing her to handle his affairs and claim the benefits he was entitled to.

Conclusion: The regulation § 404.721 is a crucial part of our legal system, providing a framework for presuming a person’s death when traditional evidence is not available. While the legal language may seem complex, we hope this guide helps clarify its implications and application. As always, it’s advisable to seek legal advice when dealing with such sensitive matters, ensuring all actions taken align with the law.

https://www.ssa.gov/OP_Home/cfr20/404/404-0721.htm