A death may not be recorded without clear and convincing evidence
What the document says“The Commissioner of Social Security may not record a death to a record that may be provided under this section for any individual unless the Commissioner of Social Security has found it has clear and convincing evidence to support that the individual should be presumed to be deceased.”
Added as paragraph (12) of section 205(r) of the Social Security Act by the same instruction that replaces paragraph (11). It sets a condition on recording a death to a record that may be provided under that section: a finding of clear and convincing evidence to support that the individual should be presumed to be deceased. The Act does not define clear and convincing evidence, and it does not state which records may be provided.
What the document actually says“The Commissioner of Social Security may not record a death to a record that may be provided under this section for any individual unless the Commissioner of Social Security has found it has clear and convincing evidence to support that the individual should be presumed to be deceased.”
A person is not marked dead on these records right away. There must be strong, clear proof first. Only then can the mark be made.
The mark matters because it can stop a payment. So the law sets a test that must be met. The law does not spell out what counts as proof.
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