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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13542
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My sister had a disability claim pending. I just received

Customer Question

My sister Julie had a disability claim pending. I just received notice that her claim was denied for the 2nd time. On October 21, 2015, my sister Julie died by suicide. Can I pursue her claim for back pay for the time period when she was disabled? It would be approximately 10 months.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Oh my goodness, I am so very sorry. You will want to talk to the SSA, about substituting in her stead, to keep that claim going. There are forms and requirements for that, but it is done. And she needs to appeal that denial IF she has appealable time left, i.e. she was denied on Initial or Recon and still has the opportunity for ALJ hearing. Even if not, she has AC appeal rights (or, I should say, her substitute does).

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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Expert:  Stephanie O Joy, Esq replied 1 year ago.

Note also that if she had children, they need to file for survivor benefits, or a husband, potentially. Soon, as retro benefits are limited.