Unfortunately a certain number of Social Security disability claimants pass away prior to the ultimate outcome of their disability claim. Family members may think this is the end of the claim because you can’t received disability benefits when you have passed away, but a deceased person’s loved ones may be entitled to past-due benefits owed a disabled claimant and it is worth pursuing for family members because these were benefits the deceased person earned.
If a claimant passes away and they were eligible for Social Security Disability Insurance (SSDI) benefits a member of the deceased claimant’s family can pursue a substitute party claim. Social Security does have strict rules of who can be a substitute party. If the claimant had a spouse they would be the eligible substitute party. If there is no spouse the eligibility would move to a child of the claimant, this can be either an adult child or a minor child. If the claimant was not married and had no children a surviving parent of the claimant could be eligible.
Below is more specific information from Social Security regarding protocols Social Security follows in substitute party cases.
Under title II, if there is any person who qualifies as a substitute party under 20 CFR 404.503(b) and wishes to pursue the request for hearing, the ALJ will not dismiss the request for hearing because a substitute party is a person who may be adversely affected by a dismissal.
Under title XVI, if there is any survivor who may be paid benefits and who wishes to pursue the request for hearing, the ALJ will not dismiss the request for hearing because a qualified survivor is a person who may be adversely affected by a dismissal.
NOTE:
If the primary issue being appealed is revision of the wage earner’s earnings record and a survivor establishes potential entitlement based on that earnings record, the hearing office (HO) will make the survivor a substitute party upon request. It is not necessary for the survivor to establish that he or she may be adversely affected by the ALJ’s decision.
Claimant Dies Before the Hearing Is Held
If a claimant dies before an ALJ holds a hearing and there are no other parties to the hearing, the designated HO staff must determine whether there is a substitute party or qualified survivor. When the record shows there may be such an individual, HO staff will:
- Contact the individual directly when the record includes contact information to determine whether the person qualifies and intends to pursue the matter; or
- Use the document template in the Document Generation System to request that the servicing field office (FO) obtain the individual’s contact information and a statement of the individual’s intentions.
NOTE:
The FO will notify the HO when it becomes aware that a party awaiting a hearing has died. The FO will also contact any eligible party, substitute party, or qualified survivor to obtain the necessary information regarding pursuing the claim and forward the information to the HO.
