Question about Disability payments when someone dies

[mumom95]

Here's the story:

A close friend of mines father-in-law (actually step father-in-law if that is a word) killed himself recently.

He has been earning Disability for a lot of years (he was in his mid 50's) I think he was getting it for being emotionally unstable (he has attempted suicide many times before). His wife (my friend's mother in law) is also on disability (hers for various health reasons).

My friend's husband is trying to figure out if his mother will continue to receive the husbands disability payments. They were in pretty much sinking financially before this, and if she doesn't continue to get the money from his disability, she'll go under for sure.

Please don't judge my friend's husband for worrying about money. He really loves his mother and step father, but they have put him through so much through the years (he's an only child). Between both of them having multiple suicide attempts and financial messes through the years, he's done more than any child should ever have to for their parents.

So, does anyone have any idea if someone on disability dies, does the surviving spouse continue to get payments? Will they be lower payments? Will she now get social security from him instead of disability?

Thanks for any help. I think he's going to hire a lawyer, but would just like to have some idea of how it works.

 

[IDoDis]

She may be entitled to his social security benefits. Read this and see if it helps. It's confusing, so I suggest the surviving spouse contacts her local social security office and make an appointment.

http://www.ssa.gov/OP_Home/cfr20/404/404-0335.htm

 

[kaytieeldr]

I think, no. I think disability is payable only to the eligible person, not as support for any surviving adult. If you're talking about a private policy, i.e. LTD through an employer, that might be different, but if it's SSI, probably not.

 

[golfgal]

No, the disability payments will stop. Like someone else said she might get social security but chances are those payments are going to be pretty small.

 

[barkley]

it depends on the kind of disability income.

in my case i draw two types-one is a disability pension from my former employer, the other is ssd (i had enough quarters in ss to qualify). if something happened to me after my children were raised, dh could still get a portion of my employer based disability pension.

 

[mumom95]

Thanks for all the information. That is what I suspected, disability would stop but social security might kick in. Although, I doubted it would be as much as his disability.

 

[golfgal]

it depends on the kind of disability income.

in my case i draw two types-one is a disability pension from my former employer, the other is ssd (i had enough quarters in ss to qualify). if something happened to me after my children were raised, dh could still get a portion of my employer based disability pension.

A PENSION is different then straight disability pay. If you are just getting disability you would not have payouts to surviving spouse or kids. Since you are actually receiving PENSION pay outs while on disability if you selected a survivor income on your payout-meaning you are taking less now so your spouse can get some after you die-then the payments will continue, but not if you are just collecting on a long term disability policy.

 

[arminnie]

I think, no. I think disability is payable only to the eligible person, not as support for any surviving adult. If you're talking about a private policy, i.e. LTD through an employer, that might be different, but if it's SSI, probably not.

Most employer disability stops at age 65. At 65 SSI disability automatically becomes regular SS. And would be subject to the same spousal survivor rules at that time.

It sounds like the mother is of extremely limited means. They should be looking for subsdized housing, food stamps, etc. There are programs to help. These will be based on the mother's assets not her son's.

I think no less of the son for being concerned about his mother's financial stability.