§ 404.760: Evidence of Co-habitation with an Insured Person

If you’re applying for the lump-sum death payment or benefits associated with an insured person, it’s crucial to understand the importance of evidence related to co-habitation or living together in the same household. This article provides an overview of § 404.760, a regulation that defines the types of evidence required to prove such co-habitation.

Applying for Lump-Sum Death Payment or Benefits

In cases where you are applying as the insured person’s widow or widower, or for spouse benefits based on a deemed valid marriage as described in § 404.727, you are required to present evidence that you and the insured person were living together in the same household at the time of their death or at the time of your application for benefits, if the insured person is still alive.

Types of Evidence Required

Section 404.760 outlines the specific types of evidence that would be considered valid in this context:

1. Living Together During Application (Insured Person is Alive)

If the insured person is still living, both you and the insured person must provide signed statements confirming that you were living together at the time you applied for benefits.

2. Living Together at the Time of Death (Insured Person is Deceased)

If the insured person has passed away, you need to provide a signed statement affirming that you were living together at the time of their death.

3. Temporary Separation

In cases where you and the insured person were temporarily living apart, you need to provide a signed statement detailing where each of you was living, the duration of the separation, and the reasons for this separation.

If further evidence is required to remove any reasonable doubts about your co-habitation status, additional signed statements from others who are in a position to know about your living arrangements may be requested. Alternatively, other convincing evidence that you and the insured were living together in the same household may also be acceptable.

An Example to Illustrate

Let’s consider an example to better understand this regulation. Imagine you are applying for a widow’s benefit based on a deemed valid marriage. You and your spouse were living together at the time of your spouse’s death. In this scenario, you would need to provide a signed statement confirming that you both were living together at the time of their death.

However, if you and your spouse were temporarily living apart due to work commitments, you would need to provide a detailed signed statement explaining your separate living locations, the duration of the separation, and why the separation occurred. If necessary, additional corroborating evidence may be requested to remove any doubts about your co-habitation status.

Remember, these regulations are designed to ensure fairness and transparency in the process of applying for and receiving benefits. Being prepared with the right evidence can help streamline your application process and improve your chances of receiving the benefits you are entitled to.

https://www.ssa.gov/OP_Home/cfr20/404/404-0760.htm