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  • Christopher Le

How does an applicant’s death affect a pending SSDI application?

Navigating the intricate landscape of Social Security Disability Insurance (SSDI) benefits can be daunting, particularly when faced with the unfortunate circumstance of a loved one passing away during the application process. While the journey may seem complex, understanding the options available to eligible family members can provide much-needed clarity during a difficult time.

When an SSDI applicant dies before receiving approval, it's crucial to recognize that their entitlement to disability benefits doesn't necessarily end with their passing. Instead, certain family members may have the opportunity to pursue the benefits the applicant would have received had they been approved. This concept is referred to as "underpayment" by the Social Security Administration (SSA), and it serves as a means to ensure that the applicant's intended benefits are not lost.

The priority for collecting underpayment benefits is typically structured as follows:

  1. Surviving Spouse: A surviving spouse who was either entitled to SSDI benefits themselves or living with the applicant at the time of their death holds the highest priority for collecting underpayment benefits.

  2. Children: If the applicant had children who were entitled to SSDI benefits in the month of their death, these children would have the second priority for collecting the benefits owed to the applicant.

  3. Parents: In cases where the applicant did not have a surviving spouse or eligible children, parents who were entitled to SSDI benefits at the time of the applicant's death may be eligible to collect the underpayment.

In instances where no eligible family member qualifies for the underpayment, the estate of the deceased applicant may be able to recover the benefits owed.

Understanding the timeline for SSDI payments is also crucial. Typically, there is a mandatory five-month waiting period from the onset of the disability before an applicant becomes eligible for SSDI benefits. In cases involving underpayment, payments would not commence until this waiting period expires.

Once payments begin, they continue until the date of the applicant's death. Additionally, in certain situations, spouses and dependent children may be eligible for survivor benefits following the applicant's passing.

If a family member passes away while their SSDI application is pending, it's essential to promptly notify the SSA of their death by submitting the required documentation, including the death certificate and relevant forms. Seeking assistance from a knowledgeable Social Security disability lawyer can greatly simplify this process, ensuring that the necessary legal requirements are met and advocating for the benefits rightfully owed to the deceased applicant and their family.

In times of loss and uncertainty, having a clear understanding of the options available can provide much-needed reassurance and support for families navigating the complexities of the SSDI system.

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