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With delays in the disability adjudication process reaching 3 years in some cases, it should not be a surprise that claimants sometimes pass away when they are waiting for a hearing. The death of a claimant does not end the claim - if the claimant is married or has dependents, the case can go forward.
If the claimant is married, we would file a notice of substitution of party along with the death certificate. The surviving spouse can continue with the claim. Any lump sum benefit awarded would be payable to the surviving spouse and the eligible children would receive auxillary benefits.
Common Law Marriage in Georgia and
Substitute Party in Interest Claims
Until January 1, 1997, Georgia was one of the few states that recognized common law marriage. As of January 1, 1997, no new common law marriages could be created in Georgia, but existing common law marriages were and are still recognized.
Social Security treats common law spouses exactly the same as any other spouse if the common law marriage is recognized by the state where the parties live. Social Security looks to the state laws to determine if the surviving spouse could inherit personal property under the state’s intestacy (without a will) laws. If the spouse could inherit, he/she is a spouse for Social Security purposes as well.
Proving common law marriage in Georgia (or any other state) for Social Security purposes is a task best left to a lawyer. In general, the surviving spouse must show:
- that he/she and the deceased claimant were eligible to be married at the time they became common law spouses
- that the parties expressed a “present intent” to be married
- that the parties cohabitated
- that the parties held themselves out to the public as husband and wife
Social Security requires evidence to prove common law marriage. Section 1717 of the Social Security Handbook sets out the required evidence to prove common law marriage.
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