At our law office sometimes the unfortunate happens, one of our clients actually passes away while they are in the middle of a Social Security Disability Insurance (SSDI) claim. There are many reasons that contribute to this, namely the severity of the claimant’s conditions, but also because claimants have to wait for the better part of two years before they see benefits.
After a claim has been filed and the claimant passes away, Social Security allows a substitute party (spouse, child or parent) to continue the claim for the past-due benefits owed. This money goes to the substitute party and can help pay for burial costs and to benefit the family of the deceased. Unfortunately, this is not all that rare of an occurrence, but filing a new claim for past-due benefits after a claimant has already died is a pretty rare occurrence.
Most people are unaware that it is a possibility to file a new claim for disability benefits after someone has already passed away, but it is. Viable substitute parties, spouses, children or parents of the deceased, are capable of filing this type of claim. The intent to file the claim must be made within three months of the claimant’s death.
This type of claim works the same way a substitute party claim works for a claimant who has already filed, but dies before the outcome of the case is resolved.
Social Security will look at medical records to determine if the deceased claimant’s conditions were considered to be disabling at least 12 months prior to death, unless the cause of death was disability related. In this instance the disabled individual would have to have been disabled for a 12-month period to be eligible.
To learn more about disability claims after a claimant has passed away click here.
