Chicago Social Security Disability Substitute Party Attorney

Lawyer for Substitute Party and Claimant Death in Illinois

Social Security Disability benefits can take several months (and in some cases years) before an eligibility determination is made. Since many claimants have severe illnesses and impairments, it is not uncommon for a claimant to die during the lengthy application process. There are other instances when a person was eligible for a disability claim but became deceased before they were able to file the application. Family members are often able to file a Social Security Disability claim (or continue an existing claim) on behalf of the decedent.

At Pearson Disability Law, LLC, we have in-depth familiarity with all aspects of the Social Security Disability application and appeals process. Our managing attorney Jonathan L. Pearson has helped thousands of individuals in the Chicago area and throughout Illinois become approved for benefits for themselves or on behalf of a deceased loved one. Mr. Pearson is a member of the Chicago Bar Association and National Organization of Social Security Claimants’ Representatives (NOSSCR) and has dedicated his entire career to disability law. He understands the Social Security Administration (SSA) process for Substitution of Party Upon Claimant Death and how to successfully gain approval for benefits even after a loved one has died.

Substitute Party and Claimant Death: SSDI vs. SSI Cases

In general, it is easier to pursue a Social Security Disability Insurance (SSDI) claim than a Supplemental Security Insurance (SSI) claim after the death of a claimant.

SSDI Claims

Several surviving family members are eligible to begin (or continue) an SSDI claim upon the death of an applicant. These include:

• A surviving spouse who was living with the decedent during the month prior to his/her death or was eligible for the SSDI benefits of the decedent;
• Children who were eligible for SSDI benefits from the record of the decedent during the month prior to his/her death; and
• Parents who were eligible for SSDI benefits from the record of the decedent during the month prior to his/her death.

If there are no surviving beneficiaries in the above categories, SSDI benefits can go to any surviving spouse, child or parent (in that order) or to the estate of the decedent.

If filing a new SSDI substitute party upon claimant death claim, the application must be filed within three months of the death of the decedent or within six months if the decedent was already given a protective filing date by the SSA.

SSI Claims

In most cases, SSI substitute party claims can only be lodged on existing applications. The only exception is if a decedent had already contacted the SSA and been given a protective filing date, in which case the surviving beneficiary has 60 days from the protective filing date to file the claim. The only beneficiaries who are typically eligible to file a substitute party claim for SSI are surviving spouses and parents who resided with the applicant within six months of his or her death.

Duration of Social Security Disability Benefits

When a surviving beneficiary files a Substitution of Party Upon Death of Claimant form with the SSA, the application is for a closed period of benefits, meaning the beginning and end date are already known. In the case of an SSI claim, the benefits begin accruing during the first full month after applying for benefits or during the first full month after receiving a protective filing date from the SSA. For SSDI claims, the benefits begin accruing five months after the disability onset date. In both cases, benefits typically end upon death of the claimant.

Continuing Survivor Benefits for SSDI

In addition to the closed period of benefits for deceased Social Security Disability claimants, spouses and/or children may also qualify for continuing SSDI survivor benefits. Claiming survivor benefits is a separate process in which beneficiaries lodge an application in their own name and submit all other requirements.

Substitute party and claimant death applications can be confusing and there is a limited time frame in which to claim benefits on behalf of a deceased loved one. At Pearson Disability Law, LLC, Mr. Pearson handles such cases personally, expeditiously, and on a contingency basis, so you only pay if he is able to secure benefits for you. If you need help with a Social Security Disability claim or appeal after the death of a loved one, contact Pearson Disability Law, LLC today at 312-999-0999 for a free consultation.