Title XVI and Substitute of Party

Posted October 7, 2023 by Premier Disability Services, LLC®

When a member of your family dies, it can be hard to cope with the loss. When that person filed for Social Security benefits, dealing with their estate can be tough. They were waiting all that time to get benefits and possibly even back pay so that they could survive and pay bills.

            In some cases, only certain family members are eligible to receive the deceased’s benefits that they were supposed to receive from the Social Security Administration. In the filing of what is considered “needs-based” disability under Title XVI, actually known as Supplemental Security Income or SSI, only a surviving spouse can receive benefits.[1]

            This rule differs when it comes to a person who died having filed for Title II benefits more commonly referred to as “employment-based” disability benefits, actually known as Social Security Disability Income or SSDI. With Title II benefits, benefits that the spouse would have received follow a priority of order, starting with a spouse, then a child, then parents, then a spouse that is not living in the same house nor entitled to widower’s benefits, then a parent other than biological, adoptive, or step-parents, to then finally the legal representative of the estate of the deceased.[2]

            Therefore, although it is hard dealing with a passing in the family, it is important to know whether or not the benefits that the deceased person would have received would be payable to anyone. If you were the brother or sister of the deceased and they filed for Title XVI and they had no spouse, then no one would be getting their missing benefits after their death.

            We want you to know that at Premier Disability Services, LLC we are experts at understanding just how these rules apply. So if you allow us to represent you in your claim, you can rest assured that even after you pass, we will be able to make sure your benefits go to the right person.

By: Devon Brady of Premier Disability Services, LLC®

[1] 20 CFR § 416.542(b)

[2] 20 CFR § 404.503(b)