Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits can be a long, uncertain process. Sadly, some claimants pass away before their case is decided by an administrative law judge (ALJ). When this happens, the claim does not necessarily end. The Social Security Administration (SSA) offers a substitution of party (sometimes referred to as an SSA sub), which allows an eligible individual to continue the case and pursue any benefits potentially owed to the deceased claimant.
Who Can File as a Substitute Party?
Not just any relative can step in to continue a claim after someone passes away. The SSA sets strict rules concerning who qualifies as a substitute party, and eligibility depends on the type of claim.
For SSDI claims, the SSA considers the following individuals, in order of priority:
- Surviving spouses: The spouse generally must have been living with the claimant at the time of death, or already be entitled to monthly benefits based on the deceased’s earnings record.
- Surviving children: Children may qualify if they are entitled to benefits on the deceased’s earnings record. This usually includes minor children, full-time students under age 19, or adult children who were disabled before age 22.
- Surviving parents: A parent may be eligible if they are entitled to benefits on the deceased’s earnings record, typically because they were dependent on the deceased for support.
- Legal representative of the estate: If none of the above relatives qualify, the individual legally in charge of the deceased’s estate can claim past-due benefits owed before the claimant’s death.
Eligibility for substitution is narrower for SSI because the program is based on need rather than work history. Only specific individuals who meet strict criteria may continue the claim. This includes:
- Surviving spouse: The surviving spouse must have lived with the claimant during the six months immediately preceding the claimant’s death.
- Surviving parent: A parent must have lived with the claimant during the six months prior to the claimant’s death.
How to Request a Substitution of Party
If you believe you are eligible, the first step is to notify the SSA that the claimant has passed away. This should be done as soon as possible. Next, you must complete an HA-539 form, formally known as Notice Regarding Substitution of Party Upon Death of Claimant. This form is available on the SSA’s website or at your local Social Security office. It asks for basic identifying information and whether you would like the case to proceed to a hearing or be decided on the record.
Along with the completed form, you should include a copy of the claimant’s death certificate. Both documents must be sent to the hearing office that was handling the original claim. Filing the HA-539 document as soon as possible is key; without it, the SSA will not process the substitution, and the claim could be dismissed without a decision.
What Happens After Filing Form HA-539?
Once the SSA accepts the substitution, the case proceeds as it would have if the claimant were still alive. The substituted party generally has two options.
The first option sees the substituted claimant attending a hearing before the ALJ. In this situation, the judge will ask questions about the deceased claimant’s health and limitations between the alleged onset date of disability and the date of death. The second option involves requesting a decision on the record. Here, the ALJ makes a decision based only on the medical evidence already in the file, without additional testimony.
If the deceased is ultimately awarded benefits, the substituted party will not receive ongoing monthly benefits like the deceased would have. Instead, the substituted party will only receive past benefits, sometimes called accrued benefits. These are the unpaid disability benefits the claimant would have received if they had lived, covering the period from the disability onset date through the month of death. However, the substituted party may be entitled to separate survivor’s benefits based on the deceased’s work record.
It is also important to note that the SSA still evaluates whether the claimant met all eligibility requirements for SSDI or SSI during their lifetime. A substitution does not guarantee approval of the claim; it simply allows the case to continue.
Working With an SSDI/SSI Attorney
Losing a loved one is never easy, and navigating the SSA’s substitution of the party process while grieving can feel overwhelming. The experienced attorneys at Jeffrey Freedman Attorneys can guide you through every step, from determining eligibility to filing the necessary forms and representing you at the hearing. We understand the rules, deadlines, and documentation the SSA requires, and we will work to help you obtain any benefits your loved one may have been entitled to. Contact us today to learn how we can support you and help you obtain benefits.