Social Security Disability Claims After Death
Posted June 16, 2017 by Premier Disability Services, LLC®Unfortunately, many Social Security Disability applicants die before they are awarded benefits. Many people who are eligible for benefits never apply before dying, while others die during the many months it takes to get disability benefits approved. In some cases, family and heirs can start a disability claim or continue one that is already open. Who receives any potential benefits depends on what SSA disability programs the deceased claimant was eligible for.
SSDI/Title II
Because SSDI benefits are based on taxpayer contributions rather than poverty, Social Security is more liberal when it comes to filing and continuing posthumous disability claims. However, before the SSA pays beneficiaries, they will first honor any legitimate liens on the deceased worker’s Social Security record for child support and money owed to other federal agencies like the IRS, VA, SSA, Dept. of Education, or USDA. Social Security may notify any obvious beneficiaries (like a spouse or child noted in the file) if there is a claim still pending at the reconsideration or hearing levels, but they are not obligated to do so. If the deceased claimant had not yet filed an application, then the beneficiary would have to file within 3 months after the worker’s death (or if, before death, there was a written statement sent to the SSA stating that the worker intended to file for disability benefits, this gives beneficiaries a “protective filing” date and up to six months to apply for benefits). However, the SSA may refuse to take the application if the decedent had not been disabled for more than 5 months before their death, or if they were performing gainful work before death.
SSI/Title XVI
SSI claims generally cannot be started after a person dies. But, if a person contacted SSA and made an inquiry about filing for disability benefits before he or she died, a beneficiary can file an application within 60 days of the “protective filing” date. If a person with a pending SSI disability claim dies before benefits are awarded, generally only a spouse living in the same household can pursue the SSI claim and collect money that would have been awarded to the applicant. Not all states have their own disability benefit programs, but those that do (including California, New York, New Jersey, and Hawaii) can actually continue an SSI claim themselves if the SSI applicant signed an agreement to repay the state any SSI benefits received. A state can also pursue an SSI death claim to establish retroactive Medicaid eligibility so that it can bill Medicaid for past medical treatment costs that the state paid for.
How Can a Social Security Advocate or Lawyer Help?
If the deceased applicant was already represented by a lawyer or Social Security advocate, that person continues to have authority to file appeals on behalf of the applicant. He or she can help identify and find beneficiaries and counsel them about their rights. If the deceased applicant was not represented, a beneficiary can hire a representative to help continue the claim, advocate for a favorable decision, and ensure payments after an award are properly distributed. An experienced representative can also look into other benefits and claims that the SSA may not discuss with beneficiaries. For example, if the deceased worker had a disabled child over 18, that child may be eligible for disabled adult child (DAC) benefits and may need help proving their case.
By: Joyce Trudeau of Premier Disability Services, LLC®
