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Javier Mendoza

Social Security survivor benefits confusion - husband approved for SSDI before death but claim 'abated'

I'm completely lost about what benefits I'm entitled to after my husband passed away in February. He had just turned 64 in January and applied for both early retirement and SSDI last November due to stage 4 cancer. SSA fast-tracked his disability claim because of his terminal diagnosis, but he only received one regular retirement payment before he died. Yesterday I got this confusing letter saying his 'disability claim was abated due to death' and 'no further payments are due.' But the SSA rep I spoke with initially told me that if his SSDI claim was approved, even after his death, I'd be entitled to survivor benefits based on his higher disability amount instead of the reduced early retirement amount he was receiving. I'm so confused because the letter seems to contradict what I was told. Does 'abated' mean denied? Or does it just mean they won't send HIM any payments? Will I still get survivor benefits based on what his disability amount would have been? There's about a $425 difference monthly between the two benefit amounts, which would make a huge difference for me right now. My appointment with SSA is next Tuesday. What questions should I specifically ask? Has anyone dealt with this situation before?

I'm so sorry for your loss. The term 'abated' in SSA language typically means the claim stops processing because the claimant died, but it doesn't necessarily mean denied. In your situation, if your husband's SSDI claim was medically approved before he died, even if payments hadn't started, you should be eligible for survivor benefits based on the higher SSDI amount rather than his reduced retirement benefit. At your appointment, specifically ask: 1. Was his SSDI claim medically approved before he died? 2. If yes, why isn't your survivor benefit being calculated based on the higher SSDI amount? 3. Ask for a detailed explanation of how your survivor benefit was calculated. Bring any documentation showing his SSDI was approved, even if he hadn't received payments yet. The representative who told you you'd get the higher amount was likely correct, but sometimes things get confused in the processing.

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Thank you so much for explaining. I'll definitely ask those questions. I don't have any paperwork showing his SSDI was approved - just the letter saying it was 'abated.' Should I request his complete file at the appointment to see if there's any documentation about the disability approval?

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OMG this is exactly what happened with my sister!!!! Her husband died from a heart attack 2 weeks after filing for disability and they told her the same thing about his claim being "abated" but she fought it and eventually got the higher amount. It took MONTHS though and like 4 different appointments. They kept saying different things every time she went in. You need to be super persistent!!!! Don't let them brush you off!!!!

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That gives me some hope! Did your sister have to appeal or file any special paperwork? I'm worried they'll just say no and I won't know what to do next.

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The key issue here is whether your husband's SSDI claim was medically approved before he passed away. There are two parts to disability approval: the medical approval and the non-medical (administrative) approval. If his claim was medically approved before death but just waiting for administrative processing, then your survivor benefits should be based on what his disability benefit would have been, not his reduced retirement benefit. This is covered under §404.503 of SSA regulations. SSA should have records showing if the medical decision was made. Sometimes they use confusing language in their letters that doesn't clearly explain the situation. Bring the letter with you and ask specifically about the medical determination status as of his date of death. If they say his claim wasn't medically approved before he died, ask if they can check if it was in the final stages of medical review with a favorable decision pending.

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Thank you - that's really helpful to know about the two different types of approval. I don't think anyone ever explained that to me. He had his medical review and they expedited everything because of his diagnosis, but I'm not sure if they officially completed the medical approval before he passed. I'll definitely ask specifically about that.

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when my husband died they told me i couldn't get anything from his disability either. turned out the first person i talked to was wrong!! go to your appointment and demand to see a supervisor if they tell you no. thats what i did and got it all straightened out. dont give up!!

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This is good advice. The rules around survivor benefits when a disability claim is pending can be complex, and not all SSA representatives are equally familiar with these specific situations. If you're not satisfied with the answers you get, politely asking to speak with a technical expert or supervisor is absolutely appropriate.

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I went through something similar in 2023. Spent 4 months trying to get through to someone at SSA after my wife died shortly after her disability was approved. Kept getting disconnected or waiting on hold for hours. I finally used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent without the endless hold times. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I actually got through to someone knowledgeable, they explained that I was entitled to the higher amount since her disability was medically approved before death, even though she never received a payment. They had to do some kind of special processing, but it worked out. Don't accept the first answer if it doesn't seem right.

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I've definitely been struggling with the phone system too. I'll check out that service if I need to call again after my appointment. It's so frustrating trying to get through!

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Condolences on your loss. Based on my experience, 'abated' generally means they're not processing his claim any further, not that it was denied. When my father died during his SSDI application process, my mother eventually got survivor benefits based on what would have been his disability amount, even though he never received a single disability payment. THEY ARE PROBABLY LOOKING AT DIFFERENT SYSTEMS!!! The survivor benefit system and disability system don't always talk to each other properly. Sometimes the left hand doesn't know what the right is doing at SSA.

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THIS!!! This is EXACTLY what happened with my sister too!! The survivor dept and disability dept weren't communicating and each kept telling her different things!!! It's like they don't even work for the same agency sometimes!!!!

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You mentioned the SSA rep initially told you that if his SSDI was approved, you'd be entitled to survivor benefits based on the higher amount. Do you have that in writing or remember who told you that? If so, make sure to mention that at your appointment. Unfortunately, there's often confusion around these complex situations. Your case involves three different benefit types: early retirement, disability, and survivor benefits, which can cause processing complications. In my experience, if your husband's disability claim received medical approval before his death (even if payments hadn't started), then your widow's benefits should be calculated using that higher amount. The key is proving the medical approval happened before his passing. Ask for a detailed explanation in writing of how they calculated your survivor benefits. If you're not satisfied with their explanation, you can request a reconsideration of the determination. You have 60 days from receiving their decision to file for reconsideration.

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I don't have it in writing, unfortunately. The conversation was over the phone when I initially reported his death. I wish I had thought to get something in writing! I'll definitely ask for a written explanation of how they calculated my benefit amount. Thank you for the tip about the reconsideration process - I didn't know there was a formal way to challenge their decision.

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I just reread your post and noticed you said he was 64 when he passed. So he took early retirement at 64 and was also applying for disability? Just wondering because my friend's mom got denied when she tried to switch from early retirement to disability. They told her once you take early retirement you're stuck with it or something? But maybe it's different in your case since he applied for both at the same time??

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This is a common misunderstanding. You can absolutely receive SSDI after filing for early retirement if you qualify medically. If approved for disability, SSA will essentially adjust your benefit to remove the early retirement reduction. However, you're right that applying for both simultaneously can sometimes create confusion in the processing system, which might be contributing to the problem here.

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Thank you all for your helpful responses. I'm feeling more prepared for my appointment now. I'll definitely ask specifically about whether his claim received medical approval before he passed away and request documentation. I'm going to bring copies of everything I have, including the abatement letter. I'm still confused about why they would send a letter saying "no money is due" if I might be entitled to a higher survivor benefit. The wording makes it sound like everything is completely finished and denied.

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That letter was likely addressing your husband's individual entitlement, not your survivor benefits. Since he passed away, no further disability payments would be made directly to him or his estate. Your survivor benefits are a separate determination. This is exactly the kind of confusing communication that makes dealing with SSA so difficult during an already stressful time. I hope your appointment provides clarity and the correct benefit amount.

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I'm so sorry for your loss, Javier. This is such a difficult situation to navigate while you're grieving. From what you've described, it sounds like there may be a disconnect between different departments at SSA. The "abated" language typically refers to stopping his individual claim processing due to death, but shouldn't affect your eligibility for survivor benefits based on what his disability amount would have been. Since he was fast-tracked due to his terminal diagnosis and you mentioned SSA initially told you about the higher survivor benefit amount, there's a good chance his medical approval was completed or very close to completion before he passed. At your appointment, I'd also suggest asking them to check the "remarks" or "notes" section of his file - sometimes there are internal comments that clarify the status of pending approvals. Also ask if they can provide you with a timeline of exactly what happened with his claim between November and February. The $425 monthly difference you mentioned is significant, and you deserve to get the correct amount. Don't be afraid to advocate for yourself - you have every right to understand exactly how your benefits were calculated and to challenge it if something seems wrong.

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Thank you so much, Zara. That's really helpful about asking them to check the remarks section - I never would have thought of that. You're absolutely right that I need to advocate for myself, though it feels overwhelming right now. I appreciate everyone here sharing their experiences and advice. It's giving me confidence that I'm not crazy for thinking something might be wrong with how this was handled. I'll definitely ask for that timeline of his claim processing too.

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I'm so sorry for your loss, Javier. Losing your husband and then having to navigate these confusing SSA communications must be incredibly overwhelming. Based on what you've shared, it really sounds like there's a miscommunication or processing error happening. The fact that SSA fast-tracked his disability claim due to his terminal diagnosis is actually a positive sign - they typically only do this when they expect to approve the claim. The "abated" letter likely just means they stopped processing his individual payments since he passed away, but that shouldn't prevent you from getting survivor benefits calculated on his disability amount if he was medically approved. Here's what I'd recommend for your Tuesday appointment: 1. Bring that abatement letter and ask them to explain exactly what it means for YOUR survivor benefits (not just his claim) 2. Ask to see his claims file or at least get a summary of all actions taken on his disability claim from November through February 3. Specifically ask: "Was my husband's disability claim medically approved before he died on [date]?" 4. If they say no or seem unsure, ask them to double-check with their technical unit or disability processing center 5. Request everything in writing - don't leave without documentation of their explanation The $425 monthly difference is substantial and worth fighting for. Trust your instincts that something seems off here. You deserve clear answers and the correct benefit amount. Good luck on Tuesday!

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