The process for applying and receiving Social Security Disability (“SSD”) benefits is typically a protracted one. It is not unusual for claimant to die before the State agency makes an initial decision, or before an administrative law judge (“ALJ”) can hear the case. Unfortunately, this has happened to several of our clients recently. The question arises, what happens to an SSD claim if you die before benefits are approved?
A deceased claimant’s surviving family member may continue to pursue the disability claim for the benefit of the claimant’s estate, and can collect the benefits if approved. The Social Security Administration will determine the amount of benefits owed, and to whom they are payable. Spouses, children, and the deceased’s estate may be eligible to collect benefits.
The family member who continues an SSD claim will need to submit a copy of the claimant’s death certificate with a “substitution of party”substitution of party form. The surviving family members may be eligible for a continuing dependent’s benefit too. If there is no one eligible to receive the underpayment, it will be necessary to dismiss the disability claim.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2022, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou