What Happens to a Social Security Disability Case if the Applicant Dies?

If a Social Security disability applicant dies while waiting to be approved for disability benefits, a family member might be able to continue the claim and receive any benefits owed. Even if the disabled person never filed a Social Security disability claim, in some circumstances, you can file an application on a deceased family member's behalf.

Unfortunately, it's not uncommon for a disability applicant ("claimant") to die with a case pending. The process of obtaining Social Security disability benefits can take anywhere from a few months to several years, depending on the wait time at the local hearing office and the number of appeals an applicant has to pursue.

Let's look at the Social Security Administration's (SSA's) rules for proceeding with Social Security disability insurance (SSDI) and Supplemental Security Income (SSI) claims after someone dies, including who can collect disability benefits and back pay after a claimant's death.

What Happens to a Disability Claim When the Claimant Dies?

A Social Security disability claim doesn't necessarily die with the claimant. If your loved one died while waiting for Social Security to decide a disability claim, you might be able to continue the claim and collect the benefits.

Because of how each program works, it's generally easier to continue an SSDI claim than an SSI claim for a deceased family member. That's because SSDI eligibility is based on the individual's work history, while SSI disability is based on the individual meeting the program's income and resource limits.

But Social Security is obligated to pay out any benefits the deceased person would have been entitled to receive (called an "underpayment" in this situation)—even if the person died before receiving a disability decision or while appealing a denial. Generally, the claimant's family can collect the underpayment.

Continuing an SSDI Claim After the Claimant Dies

If your family member dies before Social Security makes an initial determination or while the SSDI claim is under reconsideration, the SSA will continue processing the claim until a decision is made. If an SSDI claimant dies while awaiting a disability hearing, the hearing office will generally look for someone (a "substitute party") to continue the appeal on behalf of a deceased claimant. But they won't search past the family members listed in the claimant's file.

Social Security allows anyone to make a "substitution of party" request on a deceased person's disability claim—even someone who wouldn't benefit from it, like the executor of the deceased worker's estate.

Who Can Collect Benefits After a Claimant Dies?

Not every relative of a deceased disability claimant is equally entitled to collect the benefits. Social Security pays underpayments to the family members in the following order of preference:

• a surviving spouse who was living with the disabled person or who was entitled to SSDI benefits on the person's record during the month of death
• any child or children entitled to disability benefits on the deceased person's record during the month of death, and
• any of the deceased person's parents who were entitled to benefits on the deceased person's record during the month of death.

If none of the above relatives are alive, the deceased claimant's benefits will go to any surviving spouse, child, or parent (in that order) who doesn't qualify under the above criteria. Otherwise, the payments flow to the deceased person's estate.

Starting a New SSDI Claim After a Claimant Dies

What if your spouse or other family member was disabled but never actually filed for SSDI benefits before dying? A family member has three months from the month of the disabled person's death to file a new SSDI claim on the deceased person's behalf. You'd have up to six months if the deceased person had established a "protective filing date" by previously contacting Social Security about filing a claim.

Continuing an SSI Claim After a Family Member's Death

Compared to SSDI claims, the rules regarding continuing SSI cases are much more straightforward, but also narrower. Generally, only a spouse or parent can continue an SSI claim after the disabled person dies.

If you're the spouse of an SSI applicant who died, you can continue an already-filed claim only if you were either:

• living with your spouse at the time of death, or within six months of your spouse's death, or
• receiving your own SSI benefits when the claimant died (whether or not you lived with your deceased spouse).

Parents of a child who died with an SSI application pending can also collect an underpayment as long as the parents lived with the child within six months of that child's death.

Filing a New SSI Claim After a Family Member's Death

If an individual dies before filing an SSI claim, another family member usually can't file a new SSI claim on the deceased person's behalf. The lone exception is when the deceased individual had established a protective filing date before dying. In that case, a family member generally has 60 days from the protective filing date to file for SSI benefits.

What Happens to Disability Benefits When You Die?

If you're entitled to disability benefits and you die, your family might receive them after your death. It depends on whether you qualify for SSDI or SSI and whether you lived long enough for benefits to accrue.

SSDI Disability Benefits and Back Pay After Death

SSDI has a five-month waiting period after your disability onset date before Social Security will pay disability benefits. The first month after the SSDI waiting period expires is your date of entitlement—when you're first entitled to receive benefits. Your date of entitlement could be before or after your application date, depending on how long it took you to apply for benefits after you became disabled.

If you live past your date of entitlement, Social Security will pay you back pay—benefits covering the period from your date of entitlement until your regular SSDI benefits begin. If you die after your date of entitlement, but before Social Security approves your disability claim, your family will receive any accrued back pay benefits.

What Happens When Your Spouse on Disability Dies?

If your spouse was already getting disability benefits, you must inform Social Security about your spouse's death right away. Social Security will take back any benefit money paid out after your spouse dies. The SSA considers these overpayments. So, for example, if your spouse dies in May, you'll need to return the benefits received in June or later.

Spouses and dependent children of deceased SSDI beneficiaries are usually eligible for survivors benefits. You'll likely qualify if you're over 60 (or over 50 and disabled) or you're raising your deceased spouse's minor children (under age 16). Learn more about qualifying for Social Security survivors benefits.

What Happens to SSI Disability When You Die?

SSI benefits don't accrue until the first full month after the application date (or the first full month after a protective filing date)—if Social Security finds the disability onset date is on or before that date. And SSI benefits stop accruing when the applicant dies.

If your disabled family member dies before starting an SSI application, you can only file a claim on that person's behalf if there's a protective filing date. Even then, you can only expect to receive a few months of benefits, because SSI doesn't pay retroactive benefits. So the date of entitlement will always be the protective filing date or later.

How to Proceed with a Deceased Family Member's Disability Claim

Whether your deceased family member had applied for SSDI or SSI, you'll first need to tell Social Security the disability applicant has died. You can do that by calling the national office at 800-772-1213 or by contacting your local Social Security field office.

If your disabled family member died before filing an SSDI claim, and you want to file a new claim on the deceased person's behalf, tell Social Security as soon as possible. You have three months after your loved one's death or six months after the protective filing date (if there is one) to file the claim.

If your deceased family member had applied for SSDI or SSI, but died before the disability hearing, you'll need to send Social Security a copy of the death certificate and the following forms:

• Form HA-539, Notice Regarding Substitution of Party Upon Death of Claimant, and
• Form SSA-1724, Claim for Amounts Due in the Case of a Deceased Beneficiary.

If your family member had a disability attorney handling the claim or appeal, the attorney can file these forms for you and guide you through the remainder of the disability process. And the attorney is still entitled to be paid from your deceased family member's accrued benefits. Learn more about how Social Security lawyers are paid.