What Happens If I Die Before Social Security Finds Me Disabled?

     The fact that I hear this question fairly regularly tells me that many people who file Social Security disability claims feel gloomy. I wish I could cheer you up and tell you this never happens but it does, probably not nearly as often as you think, but it happens and there are rules for what Social Security does when it happens.  I have to divide the answers up into SSI and non-SSI Social Security disability claims since there are different rules.

Non-SSI Social Security disability claims -- Disability Insurance Benefits, Disabled Widow and Widower Benefits, Disabled Adult Child Benefits -- The money is paid per a list of priorities written into the Security Act. Here are the priorities:

1. The surviving spouse who was either living in the same household as the deceased at the time of death or who, for the month of death, was entitled to a monthly benefit on the same record as the deceased;
2. Children who, for the month of death, were entitled to a monthly benefit on the same record as the deceased;
3. Parents who, for the month of death, were entitled to a monthly benefit on the same record as the deceased;
4. A surviving spouse not qualified under 1. above;
5. Children not qualified under 2. above;
6. Parents not qualified under 3. above; or
7. The legal representative of the deceased person's estate.

     If more than one person qualifies in the category, such as two or more children, they split the amount of back benefits between them.

SSI Disability Claims -- For adults who have died, the only person to whom the back benefits can be paid is a surviving spouse who was living with the decedent at the time of death or within six months prior to death. If there isn't a qualifying surviving spouse, the benefits aren't paid. For child SSI claimants (and we're really getting gloomy here) back benefits can be paid to a parent who was living with the child at the time of death or within six months prior to the date of death.

There's an application form for the back benefits when someone with a Social Security disability claim dies.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-844-425-5347