Due to the long processing times for Social Security Disability (SSD) and Supplemental Security Income (SSI) claims, unfortunately some claimants pass away before a decision has been issued. If a favorable decision is issued for a deceased claimant their spouse or other family members may be eligible to receive any past benefits the claimant is owed.
According to the Code of Federal Regulations § 404.503, the deceased claimant’s spouse is the first in line for these benefits. If the deceased claimant is not currently married then the claimant’s children will be eligible to receive the benefits. If there are no children then the claimant’s parents will be eligible to receive the benefits. For further options please review the above listed code.
If you have a family member who has filed for SSD and has passed away while their claim is still pending you will need to inform the Social Security Administration (SSA) right away and if you have a representative, contact their office.
If you are interested in continuing to pursue your relative’s claim there is additional paperwork that will need to be completed and submitted to the SSA. These forms will be completed by the potential beneficiary. The deceased claimant’s death certificate will also need to be submitted with this paperwork. The SSA refers to the potential beneficiary as the substitute party.
Any future correspondence regarding the deceased claimant’s claim will go the substitute party and if there is a representative, the representative will also receive a copy. While the claim is pending the substitute party may be contacted by the SSA to provide additional information regarding the deceased claimant.
If the claim is approved the substitute party will receive only the past benefits that the deceased claimant is owed. They will not be eligible for any ongoing SSD or SSI payments. However, the substitute party may be eligible for Survivor’s Benefits and can contact their local SSA office to determine eligibility. Note that Survivor’s Benefits are a different type of Social Security benefits than SSD or SSI owed to a substitute party.
If a claimant dies while their SSI claim is pending and a favorable decision is later issued, a substitute party may be eligible for benefits if they meet the financial need requirements outlined by the SSA.
