Starting or Continuing a Disability Claim After Someone's Death

How Does an Applicant's Death Affect an SSDI Claim?

SSDI benefits are based on the applicant's work record—how much Social Security (FICA) tax the worker has paid into the system—rather than poverty. Since SSDI benefits are essentially insurance benefits, Social Security is more receptive to family members filing and continuing posthumous (after death) disability claims.

There's almost always a potential beneficiary—or more than one.

Who Can Benefit From an SSDI Claim After the Applicant's Death?

There can be multiple "parties of interest" to a deceased worker's SSDI claim, including all of the following:

• the deceased worker's family members
• the worker's disability advocate or lawyer, and
• all government agencies to which the worker owed money.

Any of these parties can pursue the SSDI application, appeal, or hearing—even if the person or agency isn't the primary beneficiary.

Who Will Get Paid SSDI Benefits First?

Before Social Security pays beneficiaries, the SSA will honor a few specific types of liens on the deceased worker's Social Security record. Those include liens for:

• child support owed, and
• money owed to federal agencies like:
• the IRS
• the Veterans Administration (VA)
• Social Security
• the Department of Education (federal student loans), or
• USDA (the United States Department of Agriculture).

Next, Social Security will prioritize which beneficaries get paid first. Unless a court determines a beneficiary intentionally caused the applicant's death (in which case that person can't collect anything), SSDI payments are made to the following parties in order:

1. To the surviving spouse who was either living in the same household as the applicant at the time of death or who, for the month of death, was entitled to a monthly Social Security benefit on the same record as the deceased. If there's no surviving spouse, then:
2. To the applicant's children (in equal shares) who, for the month of death, were entitled to a monthly Social Security benefit on the same earnings record as the deceased. If there are none, then:
3. To the applicant's parents (in equal shares) who, for the month of death, were entitled to a monthly Social Security benefit on the same earnings record as the deceased. If there are none entitled, then:
4. To a surviving spouse (or spouses, in equal shares) who doesn't qualify under the above conditions. If there are none, then:
5. To the applicant's children who don't qualify under the above conditions—that is, adult children (in equal shares). If there are none, then:
6. To the applicant's parents who don't qualify under the above conditions. If there are none, then:
7. To the legal representative of the deceased person's estate.

For example, if the deceased worker is divorced, the worker's minor children would be entitled to an equal share of any underpayment—whether the children lived with the worker or the ex-spouse.

Filing an SSDI Claim After Death

Any beneficiary can file an application for SSDI for the deceased worker. But any such application must be filed on one of the following time frames:

• within three months after the month of the worker's death, or
• if the diseased worker had established a protective filing date, the beneficiaries have up to six months to apply for benefits—longer if Social Security doesn't issue a notice stating when the protective filing period ends.

But Social Security can refuse to take the SSDI application after the worker's death if either of the following conditions applies:

• The applicant hadn't been disabled for more than five months before death and didn't have ALS. (Social Security doesn't pay SSDI benefits for the first five full months after a person is found "disabled" due to the SSDI waiting period, unless the person had ALS.)
• The person was performing gainful work before death—earning more than the "SGA" amount. (Even if a worker was terminally ill, Social Security wouldn't usually find someone making more than the SGA disabled.)

Continuing an SSDI Application or Appeal After an Applicant Has Died

Anyone who might benefit from the claim is allowed to continue it, and even someone who wouldn't receive benefits—such as the applicant's mother or estate executor—can continue the claim. Why would someone who can't collect the underpayment pursue an SSDI death claim? There are a few people who might take such action, including:

• someone who wants to help a family member who would have difficulty handling the Social Security claim or can't be located yet, or
• someone eligible for a survivor's benefit on the deceased worker's account and who'll get a better benefit if Social Security determines the deceased worker was "disabled" before death.

Does Social Security notify you that a disability claim is pending after a relative's death and that you might benefit from a favorable SSDI disability determination? Sometimes, but not always.

Social Security won't spend any time looking for a beneficiary if there isn't an obvious one noted in the file—like a surviving spouse or children with a known address. And Social Security doesn't have to contact anyone—even obvious beneficiaries—if the underpayment (the amount the beneficiaries would get) is less than $50.

If Social Security doesn't send you a notice, you might still find out about the claim if you receive the applicant's mail. When a pending case is at the application or reconsideration levels, Social Security will continue to work on the claim until a decision is made, and the SSA will continue to send notices to the applicant's last known address.

If a disability appeal has made it to the hearing level when the applicant dies and a hearing hasn't taken place, you might be notified of the claim. The Office of Hearings Operations (OHO) will initiate an inquiry to find a substitute party to pursue the hearing.

Learn more about how to handle a disability claim after the applicant dies.