When a claimant dies after the date of filing but prior to initial adjudication, eligibility
may be established, provided the requirements for disability are otherwise met (i.e.,
severity and duration of impairment), and:
The claimant is survived by an eligible spouse;
The claimant is survived by an “ineligible” spouse (see SI 02101.006, SSI Underpayment Due – Individual Deceased – Surviving Spouse Not Member of an Eligible
Interim assistance payments have been advanced by a State under an agreement (see
SI 02101.004, SSI Underpayment Due – Individual Deceased – IAR Involved).
For example, if the impairment could have been expected to last 12 months, even though
the claimant died from an unrelated cause, disability may be established. Similarly,
if the claimant dies due to the alleged impairment and other eligibility factors are
met, disability may be established. In such cases, eligibility for benefits terminates
in the month after the month of death.
In some cases, even though there is no surviving spouse, but there are unpaid medical
expenses, a disability determination may be required for Medicaid eligibility purposes,
provided SSA is under agreement to make Medicaid eligibility determinations for the
State and the State welfare agency requests a determination. Complete the case according
to the instructions in the charts in DI 23510.035 Death after Filing - Title XVI (Chart).