Benefits under Title II of the Social Security Act do not die with the claimant. If there are back benefits due and owing at the time of death, these will be paid to a surviving spouse who is living with the decedent. If there is no spouse, the law provides that children entitled to monthly benefits as dependents are next in line, followed by parents with several additional categories potentially applicable. If this takes place, an attorney can assist in determining the proper individual(s) eligible for the benefits and file an appropriate claim utilizing SSA Form 1724.
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