When a claimant applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) passes away before their case is resolved, it can create a difficult situation for both the family and the legal professionals involved. The death of the claimant does not necessarily mean that the case ends. There are circumstances under which someone can step in and continue the claim process or pursue certain benefits on behalf of the deceased claimant. Below, we’ll explain who can take over a Social Security Disability or SSI case when the claimant dies and the actions that need to be taken.
Can the Case Be Continued After Death?
Generally, the Social Security Administration (SSA) allows certain individuals to continue the disability or SSI claim process after the claimant’s death, but the rules are nuanced. In some cases, the claim can be pursued by a family member or representative if they meet the necessary criteria. However, the death of the claimant can change the scope of the case, and not every claimant's case is eligible for continuation. Let’s dive deeper into who can take over the case and what steps should be taken.
Who Can Take Over the Case?
Surviving Spouse or ChildA surviving spouse or child can sometimes continue the claim if they are eligible for certain benefits related to the deceased claimant’s work record. In cases where a Social Security Disability or SSI applicant passes away while the case is pending, the surviving spouse or child can potentially continue the application process to qualify for survivor’s benefits, assuming they meet the SSA’s eligibility requirements.
Survivor’s Benefits: The surviving spouse or minor children may be eligible for survivor’s benefits. If the claimant was receiving Social Security Disability, the surviving family members might be able to claim these benefits, even if the claimant died before the case was decided.
Child’s Benefits: If the claimant had dependent children, they might also be eligible for a benefit, even if the parent passed away while their claim was still pending. These benefits may continue based on the deceased’s record.
The Executor of the EstateIn situations where there are no eligible surviving family members or the case involves SSI, an executor of the deceased's estate can take over the case. The executor has the legal authority to act on behalf of the deceased individual’s interests, including pursuing any pending claims or making decisions about the financial aspects of the case.
It is important to note that while an executor can continue an SSDI or SSI case, they are not entitled to pursue survivor’s benefits in the same way a spouse or child might. Instead, their role is focused more on handling the deceased’s financial matters and ensuring any back payments or owed benefits are properly distributed.
Authorized RepresentativeIf the claimant had a designated representative or attorney, that individual can continue working on the case on behalf of the deceased, particularly in the case of SSDI. The representative can communicate with the SSA to inform them of the death and discuss the next steps. In some cases, the representative may assist the family in collecting any remaining payments or ensuring that survivor benefits are properly applied for and distributed.
Special Conditions for SSI ClaimsFor SSI claims, the process is a bit more specific. Since SSI benefits are needs-based and do not rely on work history, the SSA may not allow the continuation of a claim after the death of the claimant. SSI claims often close upon the claimant's death. However, a surviving spouse may still be eligible for Social Security survivor benefits, which can sometimes help bridge the gap in benefits that SSI would have provided.
What Should Be Done After the Claimant's Death?
If you find yourself in the situation where a loved one has passed away while a Social Security Disability or SSI claim is pending, there are important steps you should take:
Notify the Social Security Administration (SSA)It is essential to notify the SSA of the claimant’s death as soon as possible. The SSA needs to be informed in order to stop any ongoing payments and determine whether any benefits need to be adjusted or extended to survivors.
Determine Eligibility for Survivor’s BenefitsA surviving spouse or child may be entitled to survivor’s benefits. You should review the eligibility requirements and file the appropriate paperwork with the SSA. The SSA will need documentation proving the death and establishing the relationship to the deceased.
File a Death Report with the SSAA death report is required by the SSA to close out the deceased's record and prevent any erroneous payments. In some cases, funeral homes report deaths directly to the SSA, but it’s always a good idea to double-check and make sure this report is filed.
Consult with an AttorneyIf you're unsure about who can take over the case or need guidance through the process, consulting with an experienced disability attorney can help clarify your next steps. A skilled attorney can advise you on your rights as a surviving family member, help file any necessary claims, and ensure that the case is handled in the most efficient and accurate manner.
Conclusion
While the death of a Social Security Disability or SSI claimant can complicate the case, there are clear pathways for certain individuals, such as a surviving spouse, child, or estate executor, to take over the claim. Understanding the roles that these parties can play and what steps need to be taken will ensure that the claimant's benefits or survivor benefits are properly processed.
If you find yourself facing this situation, it’s crucial to act promptly and seek legal advice to ensure the case is properly handled. The attorneys at Law offices of Christopher Le are here to help guide you through this complex process, providing expert advice and representation in Social Security Disability and SSI matters. Contact us today to learn more about how we can assist you during this challenging time.
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