In the Social Security system, the general rule states that a claimant must be alive at the time an application is filed.
However, there are specific exceptions to this rule, which we’ll discuss in this blog post. These exceptions can be found in § 404.615 and cover situations when a disabled person or a potential beneficiary dies before filing an application.
Exception 1: Disabled person dies before filing an application (§ 404.615(a)):
If a disabled person passes away before filing an application for disability benefits or a period of disability, a qualified person may file an application on their behalf. This person must be eligible to receive any benefits due the deceased individual. The application must be filed within three months after the month in which the disabled person died.
Exception 2: Written statement of intent filed before death (§ 404.615(b)):
If a written statement showing the intent to claim benefits is filed, but the person for whom the benefits are claimed dies before the application is filed, the application may still be submitted. The process for this scenario is explained in § 404.630(d).
Exception 3: Deemed filing date and death before application (§ 404.615(c)):
In cases where a person could receive benefits based on a “deemed” filing date under § 404.633 (b)(1)(i) or (b)(2)(i), but dies before the application is filed, the application can be signed by a qualified person. This person should be eligible to receive any benefits due the deceased. The specifics are outlined in § 404.633 (b)(1)(ii) and (b)(2)(ii).
Example: John’s Story
John, a 50-year-old construction worker, suffered a severe accident at work, leaving him with a permanent disability. Unfortunately, John passed away before he had the chance to file an application for disability benefits with the Social Security Administration (SSA).
John’s wife, Sarah, is aware of the general rule that claimants must be alive when an application is filed. However, she learns about the exceptions and realizes that she may still be able to file an application on John’s behalf.
According to exception 1 (§ 404.615(a)), as John’s spouse, Sarah is eligible to receive any benefits due to the deceased if she files an application within three months after the month in which John passed away. Sarah gathers the necessary documentation and submits the application to the SSA, ensuring that it is filed within the specified time frame.
Because Sarah acted promptly and met the requirements of the exception, she is able to secure the disability benefits that John would have been entitled to. These benefits provide crucial financial support to Sarah and her family during a challenging time.
Conclusion: While the general rule states that a claimant must be alive when filing a Social Security application, certain exceptions are in place to accommodate specific circumstances. Understanding these exceptions can help eligible individuals or their families navigate the application process and ensure that they receive the benefits they’re entitled to.
https://www.ssa.gov/OP_Home/cfr20/404/404-0615.htm
At Hugo Fierro & Michael Perez, we comprise a team of committed professionals who possess a comprehensive understanding of the intricacies involved in Social Security disability claims. Our core ethos is rooted in utilizing our proficiency to deliver bespoke guidance and support to our esteemed clients. Our adept team is well-versed in navigating the intricate details of each case, enabling us to provide you with invaluable insights and customized assistance that caters to your specific needs. We take immense pride in our ability to leverage our expertise to offer unparalleled assistance and help our clients obtain the Social Security disability benefits they deserve.