Many people who file Social Security disability claims wonder about what happens if they die before Social Security determines their disability. 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. Let’s break down the answers based on SSI and non-SSI Social Security disability claims.

Non-SSI Social Security Disability Claims

These include Disability Insurance Benefits, Disabled Widow and Widower Benefits, and Disabled Adult Child Benefits. The money is paid per a list of priorities written into the Security Act. Here are the priorities:

  1. Surviving Spouse: If the surviving spouse lived in the same household as the deceased at the time of death or was entitled to a monthly benefit on the same record, they receive the benefits.
  2. Children: Children entitled to a monthly benefit on the same record as the deceased also receive benefits.
  3. Parents: Parents who were entitled to a monthly benefit on the same record as the deceased qualify for benefits.
  4. Other Surviving Spouse: A surviving spouse not qualified under 1. above.
  5. Other Children: Similarly, other children not meeting the criteria in point 2 may still receive benefits.
  6. Other Parents: Parents not meeting the criteria in point 3 may also qualify.
  7. Legal Representative: The legal representative of the deceased person’s estate is eligible.

If multiple individuals qualify within a category (e.g., multiple children), the back benefits are divided among them.

SSI Disability Claims

For adults who have passed away, only a surviving spouse living with the decedent at the time of death or within six months prior can receive back benefits. If no qualifying surviving spouse exists, benefits are not 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.

Remember that there’s an application form for claiming back benefits when someone with a Social Security disability claim passes away. If you’re in North Carolina and need assistance with your Social Security disability claim, consider reaching out to Hall & Rouse, P.C. at 1-844-425-5347.