SSI and SSDI Compensation for Benefeciary after Passing Away

Many times, the disabling medical conditions that result in the payment of SSI and/or SSDI benefits for people also result in their death.  However, the Social Security Administration (SSA) does provide some benefits to the widowers and dependents of the deceased person in certain circumstances. 

How SSI/SSDI Benefits Can Continue for Beneficiaries/Dependents After Passing Away

If a person is receiving SSI benefits prior to his or her death, he or she did not have a sufficient work history and/or paid enough in Social Security taxes to qualify for SSDI.  Therefore, if a person receives SSI benefits, his or her widow(er) and dependents, if any, are not entitled to any SSI/SSDI benefits following his or her death.

On the other hand, if a person is receiving SSDI benefits prior to his death, his or her widow(er) and dependents may be entitled to continuing SSDI benefits following death.  These Social Security benefits are commonly referred to as survivors’ benefits.  These benefits also can be available for a former spouse of the deceased person, provided that the marriage lasted at least ten years, and the former spouse is at least sixty (60) years of age, or at least fifty (50) years of age, if disabled.  You might also qualify for these benefits as a former spouse if you are caring for the deceased person’s child who is under the age of sixteen (16) or disabled, and receiving Social Security benefits on the deceased parent’s earnings record, without meeting the ten-year marriage test.

Requirements for Receiving SSI/SSDI Benefits for Beneficiaries/Dependents

Generally, the following classes of persons can receive SSDI benefits following the death of a person who had been receiving SSDI benefits:

• Widow/widowers who reach full retirement age, or partial benefits for those who have reached at least the age of sixty (60);
• Disabled widow/widowers who have reached at least the age of fifty (50);
• Widow/widowers at any age who are caring for a child of the deceased who is under the age of sixteen (16) or disabled, and who is receiving SSDI benefits based on the deceased parent’s earnings record;
• Unmarried children under the age of eighteen (18) or under the age of nineteen (19) if still attending school, as well as certain stepchildren, adopted children, and grandchildren;
• Disabled children who became disabled after the age of twenty-two (22);
• Dependent parents over the age of sixty-two (62); and
• Some former spouses of the deceased under certain circumstances.

Contacting the Social Security Administration

If you believe that you or your dependent may be entitled to survivors’ benefits, you should contact your local Social Security Administration (SSA) office for assistance in completing an application for survivors’ benefits.  You can also get more information about SSA and survivors’ benefits at the SSA website, located at www.ssa.gov.

Talk to a Social Security Disability Attorney

If you are having difficulty obtaining survivors’ benefits to which you believe you are entitled, or if you think you are receiving the incorrect amount of benefits, you should contact an experienced disability lawyer for assistance.  A disability lawyer can provide you with the guidance you need to receive the full amount of benefits for which you qualify.