What Happens If I Die Before a Decision is Made on My Disability Case?

Sadly enough, a disability claimant with a pending case does sometimes die before a decision is made by a Social Security disability examiner or an administrative law judge.

Can a claimant's disability claim proceed in a scenario such as this? Yes. A deceased claimant's surviving family member may continue to pursue the disability claim for the benefit of the claimant's estate. The estate can collect disability benefits owed from the date of disability onset (SSDI) or the date of application (SSI) to the date of death. 

The family member who follows the claim will need to submit a copy of the claimant's death certificate as well as a completed "substitution of party" form. If an attorney was representing the claimant, the Social Security Administration would follow its normal procedure of processing the attorney's fee.

In addition, if the disability claim ends up being approved and the claim was for SSDI, surviving family members may be eligible for a continuing benefit. The SSA provides a pamphlet on how it can help when a family member dies.