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postmortem collection on SSDI claim?

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What is the name of your state?
Michigan

Almost two years ago, my girlfriend's brother applied for SSDI for hyperspleenism and was denied. He filed an appeal. Recently, while still waiting to get a court date for his appeal, he died from the same disability that he was seeking SSDI for. He was only 25 years old.
Now his family is wondering if they are eligable to receive the retroactive SSDI payments from the date he filed until the date of his death. Can an SSDI case even be approved after the applicant has passed away?
Here are some more details:
He was working part time up until about 2 or 3 days before his death (during which time he simply was not scheduled to work). Even though he was able to work while he was alive, his family thinks he should not have had to work because of his disability.
However, his job (making and delivering pizzas) did nothing to bring on his death. Even if he had been approved for disability and did not have to work for the past two years, he'd still be dead today.
Then again, his disability killed him. Is that "disabled" enough for the government's standards?
Thank you for any help.
 


rmet4nzkx

Senior Member
SSDI "Disability under Social Security is based on your inability to work. We consider you disabled under Social Security rules if you cannot do work that you did before and we decide that you cannot adjust to other work because of your medical condition(s). Your disability must also last or be expected to last for at least one year or to result in death." It is possible that he may have qualified but at the same time the fact he worked may ofset any benefits he would have been eligible for? I suggest that his family contct an attorney specializing in social security disability benefits and also ask for a referal to an attorney specializing in medical malpractice and/or personal Injury. Wa this a treatable illness? What type of treatment was he getting? Who are his benificiaries? How long was he ill, apply for SSDI benefits?
also from SSDI http://www.socialsecurity.gov/dibplan/dqualify5.htm
"How We Decide If You Are Disabled

To decide whether you are disabled, we use a step-by-step process involving five questions.

They are:
1. Are you working?
If you are working in 2004 and your earnings average more than $810 a month, you generally cannot be considered disabled. If you are not working, we go to Step 2.
2. Is your condition "severe"?
Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled. If your condition does interfere with basic work-related activities, we go to
 

ellencee

Senior Member
Even though he was able to work while he was alive, his family thinks he should not have had to work because of his disability.
The above statement answers the question. He was able to work; therefore, his appeal was not going to be successful because he was able to work and was in fact, working.

As for the question raised about malpractice, why wasn't his speen removed? If only the spleen was involved, removing it should have cured the problem.
EC
 
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