SSR 60-21. FACT AND DATE OF DEATH -- DEATH BY DROWNING

W filed application in June 1957 for mother's insurance benefits for

herself and child's benefits for her children on the social security

account of her husband, H, who had disappeared on May 15, 1957, and who,

she alleged, had perished in a boating accident.

Before he left home on May 15, 1957, H had told W that he was about to

make some business calls and then was going fishing. After visiting the

office of his employer, he attempted to rent a boat from X boat house in

order to go fishing on Lake Erie. The operator of the boat house refused

to rent him a boat because the Lake was rough, storm warnings having been

posted. When H became insistent, the operator of X boat house suggested he

try another boat house. A short time later, H did rent a small rowboat

with an outboard motor from another boat house. The operator of that boat

house had also advised H that it would be unsafe for him to go out of the

river and into the lake because of the dangerous weather conditions.

H failed to return. The boat was later located on Lake Erie about 5½

miles from the boat house. The bottom was scraped, the propeller of the

outboard motor was bent, the gas tank was empty, the boat was half full of

water, and H's fishing equipment was strewn about in the bottom of the

boat. An extensive investigation was conducted by the police, the U.S.

Coast Guard, and several insurance companies; however, no trace of H was

ever found.

Erie about 5½

miles from the boat house. The bottom was scraped, the propeller of the

outboard motor was bent, the gas tank was empty, the boat was half full of

water, and H's fishing equipment was strewn about in the bottom of the

boat. An extensive investigation was conducted by the police, the U.S.

Coast Guard, and several insurance companies; however, no trace of H was

ever found.

Since there was a total of about $32,000 in insurance payable upon H's

death, two of the four companies that insured H's life made an extensive

investigation into H's habits, background, health, and character. The

evidence they obtained indicated that H was a devoted husband and father

of three children, that on the day of H's disappearance, Lake Erie was

very rough and was running 3 foot swells, a 15 knot wind was blowing from

the northeast, storm warnings were up, and small craft had been advised

against going out into the lake. The four insurance companies paid the

total of approximately $32,000 on policies insuring H's life.

It is well established by court decisions that one who files a claim with

an administrative agency has the burden of establishing that the required

conditions of eligibility have been met.

Regulations No. 4, § 404.704 provides, among other things, that an

applicant for monthly benefits or a lump-sum death payment based upon the

wages and self-employment income of a deceased individual shall file

supporting evidence as to the death of such individual and as to the time

and place of such death. The same section further provides that this may

be in the nature of, among other things, a certified copy of a public

record of death or a statement of the funeral director or attending

physician, or similar evidence of death, and that when such evidence is

not available, other evidence of probative value may be acceptable

th of such individual and as to the time

and place of such death. The same section further provides that this may

be in the nature of, among other things, a certified copy of a public

record of death or a statement of the funeral director or attending

physician, or similar evidence of death, and that when such evidence is

not available, other evidence of probative value may be acceptable. Death

may be proved by evidence showing such facts and circumstances connected

with the absence of the individual as would reasonably warrant a

conclusion of death.

A finding that death occurred at or about the time of his disappearance

may be reasonable where the individual was exposed to some specific peril

at or about the time of his disappearance, or in other cases where the

evidence shows convincingly that it was improbable, under all the

circumstances, that the missing individual survived long after his

disappearance. In such cases, consideration must be given to the missing

individual's domestic situation, his finances, his health, his mental

outlook, whether he was bound by ties of affection to his family and had

no apparent reason for leaving them, and whether he probably would have

communicated with them had he long survived.

It appears to be well established that H was a devoted husband and

father; that he was in good health; that he had no serious or unusual

financial worries; that he left home in good spirits to attend a business

matter with the announced intention of going on a fishing trip after he

had attended to the business matter; that, in spite of being warned about

the dangerous boating conditions, he did embark upon his fishing

expedition; and that his battered boat was found the next day in Lake Erie

unoccupied by H.

or unusual

financial worries; that he left home in good spirits to attend a business

matter with the announced intention of going on a fishing trip after he

had attended to the business matter; that, in spite of being warned about

the dangerous boating conditions, he did embark upon his fishing

expedition; and that his battered boat was found the next day in Lake Erie

unoccupied by H.

An individual operating a small boat in defiance of warnings from those

familiar with both the lake and the weather conditions was in a position

of potential peril. These circumstances lead to the reasonable conclusion

that H was tossed out of the boat by the heavy weather and thus met his

death by drowning. There is nothing to indicate any motive for H's

voluntary disappearance, but on the other hand, the evidence supports the

conclusion that H met his death on the day of his disappearance. Under

these circumstances, it is held that the evidence submitted

concerning the circumstances surrounding H's disappearance justifies a

finding that H died on May 15, 1957.