What should happen if I Die Before I have a Disability Hearing?

Disability Substitution of Party Process

We all must face that a certainty of life is that we will die eventually.  It is an unfortunate fact of life.  Occasionally, a claimant dies before they get a chance to have a hearing to have their case decided.  Since Social Security recognizes that this sometimes happens, there is a way for certain family members to be “substituted” in place of the claimant.  Should there be a hearing before an Administrative Law Judge, the substituted family member need to go to the hearing in place of the deceased claimant.  They will need to then relate to the judges about the deceased claimant’s condition before death.  The benefits that would have gone to the claimant then pass on to the substituted family member.

SSDI Disability Substitution of Party Order

In a Title II (SSDI) claim, the following is the order of succession on who the substituted party would be:

  1. The surviving spouse
  2. The child entitled to monthly benefit on the deceased Social Security number
  3. The parents entitled to benefits on the deceased Social Security number
  4. The surviving spouse
  5. The children of the descendent
  6. The parents
  7. The legal representatives of the estate of the deceased

SSI Disability Substitution of Party

When a SSI claimant dies, it is a different story.  Only the surviving spouse of the spouse who was living with the claimant within six months of the claimant’s death or the parents of a disabled child are entitled to benefits.

Therefore, the death of a claimant does not need to mean the end of the claim.  Marcy Disability will file at your request the required substituted party forms for you to continue the claim.  If you would like to see the form for yourself, please click here.