(a) A survivor eligible for an annuity or lump sum under this chapter may file an application to establish a period of disability if the employee dies before filing an application for a disability annuity. A period of disability is defined in part 220 of this chapter. The application must be filed within three months after the month the employee died.
(b) A person who could receive payment for the estate of a person who paid the burial expenses of the deceased employee may file an application if the person who paid the burial expenses dies before applying for the lump-sum death payment under part 234 of this chapter. The application must be filed within the two-year period shown in Sec. 217.9 (c)(1).
(c) A widow(er) or surviving divorced spouse may file an application for a spouse or divorced spouse annuity after the death of the employee if the widower(er) or surviving divorced spouse was eligible for a spouse or divorced spouse annuity in any month before the month the employee died. The spouse or divorced spouse annuity is payable from the beginning date set forth in part 218 of this chapter. (Approved by the Office of Management and Budget under control numbers 3220-0031 and 3220-0032) [47 FR 7647, Feb. 22, 1982, as amended at 52 FR 11017, Apr. 6, 1987; 54 FR 13364, Apr. 3, 1989] Sec. 217.11 ``Good cause'' for delay in filing application.
(a) An applicant has ``good cause'' for a delay in the filing of an application for a lump-sum death payment or an annuity unpaid at death, as shown in Sec. 217.9(c)(1) and (2), if the delay was due to--
(1) Circumstances beyond the applicant's control, such as extended illiness, mental or physical incapacity, or communication difficulties; or
(2) Incorrect or incomplete information furnished by the Board; or
(3) Efforts by the applicant to secure evidence without realizing that evidence could be submitted after filing an application; or
(4) Unusual or unavoidable circumstances which show that the applicant could not reasonably be expected to have been aware of the need to file an application within the set time limit.
(b) An applicant does not have good cause for a delay in filing if he or she was informed of the need to file within the set time limit but neglected to do so or decided not to file.