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As I was explaining some of the time frames to one of my new clients the other day, he asked me a question that a lot of people applying for disability have wondered about at some point or another throughout his/her fight for benefits; “What if I pass away during my SSI or SSDI claim?”
In a lot of cases, this does not mean your claim is over. There might be the ability to file a “Substitution of Party Upon a Claimant’s Death” form with the Social Security Administration. The substituting party, which normally a family member, steps in on behalf of the deceased claimant and continues to pursue the back benefits up until the claimant’s date of death.
The Substitution of Party upon a Claimant’s Death can be filed; however, the eligibility of who can be the substituted party varies depending on the type of disability program he or she was applying (SSI or SSDI).
Every claimant’s situation can be a little different so I do encourage your family to contact the Social Security Administration or an attorney if they find themselves in this unfortunate situation to see if there would be an eligible person to file the Substitution of Party.
Contact our office if you have any questions or would like assistance. Our staff is always available and strives to help you through difficult times. You can contact us by calling 1-877-JANDILS.
Jan Dils, Attorneys at Law