What happens if the person dies while his Social Security Disability case is pending?
From start to finish, Social Security Disability claims can take from one to two years. Unfortunately, during this time it is possible for a claimant to pass away while his/her case is pending. What happens to his/her claim if this happens? Underpayments in disability claims follow very specific rules and differ depending of whether the claim is for SSD or SSI benefits. In very general terms, only a surviving spouse can claim SSI underpayments (in some situations, a parent can claim underpayments that are owed to a disabled child). The order of priority is laid out in 20 C.F.R. §§ 416.542 . In SSD claims, spouses, children, and the deceased's estate may be eligible to collect an underpayment. Priority for payment can be found at 20 C.F.R. §§ 404. 503 . If there is no one eligible to receive the underpayment, it will be necessary to dismiss the disability claim. If you have a loved one who passes away during the pendency of his/her Social Security Disability and you believe t...