IF CLAIMANT DIES CAN FAMILY RECEIVE SSD BENEFITS?
What happens when a claimant dies and there is an SSD application pending? Can a family member still receive SSD benefits on behalf of the deceased? The answer is yes. Cannon Disability Law can help your family after the death of a loved one who filed an application for SSD benefits.
Sadly, this happens because many people die waiting for the SSA to make a decision about their SSD application. It can take years to obtain a decision from the SSA. The reason that it can take years is the length of the five step Social Security appeal process.
For instance, the initial stage of the application usually takes 3 to 4 months for a decision. And, the decision is usually a denial. The claimant has 60 days to appeal an initial SSA decision. The next stage of the process, takes another 3 to 6 months. Sometimes, the second stage takes longer because the SSA sends the claimant to their doctor. It can take a number of months for SSA to receive the medical report from one of their doctors. Then, it still takes more time for them to make a decision.
SSDI BENEFIT CLAIMS DO NOT DIE WITH THE CLAIMANT
A family member can file the proper paperwork and continue a claim for Social Security Disability Insurance (SSDI). The SSD claim does not die with the person who filed the claim.
SSI claims, however, are not the same as an SSD claim. The only time a family member should pursue an Supplemental Security Income (SSI) claim is if the claimant filed the application in the distant past.
The reason for that is SSI benefits are not payable any month after death. Therefore, only past due benefits, from the time the SSI application was filed to the time of death, would be available to a family member. In order to obtain those benefits, a family member would need to file a substitution of party.
THERE ARE TWO TYPES OF SSD BENEFITS
There are two types of benefits you can apply for: SSDI and SSI benefits. Only a claim for SSDI benefits survives past the claimant’s death. It also only survives if the claimant put in an application to the SSA before their death. Below, you can find an explanation as to each type of benefit for which you can apply:
Social Security Disability Insurance (SSDI):
SSDI benefits are for those who can no longer work due to a severe medical condition. The amount of money you receive from SSDI benefits is based on the taxes you paid during your working years. To qualify for SSDI, you must have earned enough “work credits” to qualify. Learn about work credits and SSDI benefits.
A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you will need depends on how old you are when you apply. If you haven’t earned enough work credits at the time you apply, then you will only be able to file for SSI benefits. If the claimant dies and they have a current claim for SSDI benefits running, then a family member can step in and request to receive the SSDI benefits that are due.
Supplemental Security Income (SSI):
SSI is a needs based benefit. An SSI claim does not survive the claimant’s death. Therefore, even if the SSI application was sent in to the SSSA prior to death, the claim still ends upon the claimant’s death. SSI is for only those people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income and assets of those who live with you, such as a spouse.
If you have a spouse who earns $4000 a month, then that income will keep you from getting SSI benefits. The same rule applies if you are living with a boyfriend and he is paying your bills. You cannot get SSI benefits, no matter how severe your medical condition, if you do not meet the income and asset rules for SSI. Additionally, your family members cannot receive SSI benefits after your death.
CONTINUING AN SSDI CLAIM AFTER DEATH
An SSDI claim doesn’t die when the claimant dies. Instead, the SSA may decide, even after a claimant dies, that they qualify for monthly SSDI benefits. SSDI claims are also known as Title II claims.
SSA calls this situation an “underpayment.” The following list shows the order that the SSA uses when they pay out benefits. It shows who may collect an SSDI underpayment after the claimant dies:
- a surviving spouse who was living with the disabled person, or who was entitled to SSDI benefits on the record of the claimant, during the month of death
- any child or children who qualify for benefits on the deceased person’s record during the month of death, and
- any parents of the decedent entitled to benefits on the deceased person’s record during the month of death.
If none of the above relatives are alive, then the SSDI benefits will go to any surviving spouse, child, or parent, who doesn’t qualify under the above rules. Otherwise, the payments flow to the estate of the deceased.
FILING THE PROPER PAPERWORK – THE SUBSTITUTION OF PARTY – FORMS HA-539 & 1724
In order for the SSA to continue an SSD claim for a claimant who dies, they will need the proper paperwork. You should send a copy of their death certificate to the SSA. Additionally, you will need to send the SSA Form HA-539 – “Notice Regarding Substitution of Party Upon Death of Claimant” and SSA-1724 “Claim for Amounts Due in the Case of a Deceased Beneficiary.” Both of these forms are online at Social Security’s Website. Additionally, you can get them by visiting the local SSA office.
Some people die while they are waiting for benefits. No one wants this to happen. However, if your family member passes away, the case may be able to continue. You can contact our office for free, either by calling us or using our contact page on this website. When you call us, expect for us to answer your questions for free.
Also, it does not cost you anything for us to look at your case or to accept you as one of our clients. Additionally, we are only paid an attorney fee if we win your SSD benefits. If we do not win, then you do not owe an attorney fee. This lets you hire an attorney when you do not have a job or money to pay upfront attorney fees.
HIRE US TO WIN YOUR SSD BENEFITS
In the past 30 years, we have won millions of dollars in benefits for our clients. If you want to win benefits, then you need to hire an attorney with the experience to win your case. Also, you need a lawyer to show the SSA that they should pay you SSD benefits. We can do that. Contact us today.
If you want to learn more about our lawyers, then read our About Us page. For instance, Andria Summers can help you with your Medicare plan. She has also won thousands of SSD cases. Dianna Cannon has been helping her clients win SSD benefits for over thirty years. Brett Bunkall also has many year of legal experience helping people win their SSI and SSD benefits. We are experts. You can trust us to help you win SSD benefits.
In the past 30 years, we have won over 20,000 SSDI and SSI cases for our clients. Also, we help our clients with Medicare benefits. Our lawyers and staff can help you file an application for benefits using the SSA’s website.
Likewise, if you need an appeal, we can help you do that too. There are also many forms you will need to fill out. If you have questions about these forms, then we will answer them. You can learn about SSA’s appeal forms. Call us for a free review of your benefits today.
WE CAN HELP YOUR FAMILY WITH BENEFITS IF YOUR CLAIMANT DIES
Our attorneys and our staff work hard to provide every client with an excellent legal team. When you ask for our help, our goal is to ease the stress of the benefit review process. Also, it is important not to give up on a case. Even if your family member dies, it is possible for you to be paid benefits. No matter what happens in your SSD case, our firm can help you at every appeal level.
If your case needs an appeal at the lower levels, then learn how to appeal an SSA denial. We can help you file your appeal online. Every appeal has a time frame. Typically, you have 60 days to appeal an SSA decision. Additionally, we can help you if you case needs an appeal to the Appeals Council. Learn about Appeals Council review.
We will also help you file your application for SSD benefits. Sometimes, it isn’t easy to answer all of Social Security’s questions. That is where we come in. Our lawyers and staff can help you understand what the SSA is really asking about your health. You need to replace your income to support your family. If you can no longer work, then we are the legal team that can get you SSD benefits. Contact us today. Put our experience to work for you.
