How to Get the Last Deceased Disability Pay for the Spouse in PA

In Pennsylvania, if your spouse was receiving disability benefits and then died, the main ways a surviving spouse can get “the last” payment or ongoing benefits are:

  1. Social Security “underpayment” (the benefit that was owed but not yet paid at death)
  2. Social Security Survivor Benefits (ongoing monthly payments, not just one last lump sum)
  3. Workers’ Compensation death benefits (if the disability/work injury caused death)
  4. VA survivor benefits (if the disabled spouse was a veteran)

Which one applies depends on what kind of disability pay your spouse received.

1. Social Security Disability (SSDI) – the “last” underpaid benefit

If your spouse was on Social Security Disability Insurance (SSDI) , and they died before the benefit for a certain month was paid, that unpaid amount is called an underpayment.

Who can get the underpayment?

  • A surviving spouse who:
    • Was eligible for a spouse benefit on the deceased’s record, or
    • Was living with the deceased in the month of death (or within the 6 months before death).

How to request it

  • Call the Social Security Administration: 1-800-772-1213 or visit your local SSA office.
  • Tell them:
    • Your spouse was receiving SSDI and died.
    • You believe there is an underpayment (a benefit owed but not paid).
    • You are the surviving spouse and either lived with them at death or were eligible for spouse benefits.
  • You will need:
    • Your SSN and your spouse’s SSN.
    • Your spouse’s death certificate.
    • Proof of your marriage (marriage certificate).
  • SSA can pay the underpayment to the surviving spouse if you request it within 24 months after the month of death.

This is often what people mean by “the last disability pay” — the benefit that was due for the month they died but hadn’t been issued yet.

2. Social Security Survivor Benefits (ongoing monthly payments)

If your spouse was receiving SSDI, you may also qualify for ongoing survivor benefits in addition to getting any underpayment.

Types of survivor benefits for spouses

  • Widow/widower at full retirement age or older : up to 100% of spouse’s benefit.
  • Widow/widower aged 60 to full retirement age : 71.5%–99% of spouse’s benefit.
  • Disabled widow/widower aged 50–59 : 71.5% of spouse’s benefit, if you meet SSA’s disability definition.
  • Any-age widow/widower caring for a child under 16 (or disabled child): 75% of spouse’s benefit.

You usually cannot receive both your own SSDI and a full survivor benefit; SSA pays the higher of the two amounts.

How to apply

  • You will need:
    • Death certificate,
    • Marriage certificate,
    • Your SSN and your spouse’s SSN,
    • Any medical evidence if you are applying as a disabled widow/widower.

3. Workers’ Compensation Death Benefits (if work-related injury caused

death)

If your spouse’s disability was because of a work injury and that injury led to death, Pennsylvania workers’ compensation may provide death benefits to the surviving spouse.

Who qualifies

  • A legally married surviving spouse who:
    • Lived with the employee at the time of death, and
    • Was financially dependent on them.

What they get

  • A percentage of the deceased’s average weekly wage :
    • Spouse without children: 51%
    • Spouse with one child: 60%
    • Spouse with two or more children: 66 2/3%.

How to start the claim

  • The employer must file a death claim (Form LIBC-344) with the Bureau of Workers’ Compensation within 48 hours after the death is reported.
  • As the spouse, you should:
    • Contact your spouse’s employer (or their workers’ comp insurer) and ask that they file the death claim.
    • If they won’t, contact the Pennsylvania Department of Labor & Industry, Bureau of Workers’ Compensation and ask for help filing a claim as a dependent spouse.
    • Provide:
      • Death certificate,
      • Marriage certificate,
      • Proof of dependency (e.g., shared finances, household bills).

4. VA Survivor Benefits (if spouse was a veteran)

If your spouse was a veteran receiving disability compensation from the VA, you may qualify for:

  • Dependency and Indemnity Compensation (DIC) for surviving spouses,
  • Possibly other VA education, housing, or health benefits.

How to apply

  • Contact the VA or visit www.va.gov and search “survivor benefits”.
  • You will typically need:
    • Veteran’s death certificate,
    • Marriage certificate,
    • Veteran’s discharge papers (DD-214) and proof of disability status.

Quick Checklist: What to Do First

  1. Identify the type of disability pay:
    • Social Security (SSDI)?
    • Workers’ compensation?
    • VA disability?
  2. If SSDI:
    • Call 1-800-772-1213 and ask about:
      • Any underpayment (last unpaid benefit),
      • Eligibility for survivor benefits.
  3. If workers’ comp:
    • Ask the employer to file the death claim.
    • If needed, contact Pennsylvania’s Bureau of Workers’ Compensation.
  4. If VA:
    • Apply for VA survivor benefits through the VA website or a local VA office.

If you can tell me:

  • What agency was paying the disability (SSA, VA, or workers’ comp),
  • Whether your spouse died from a work-related injury,
  • Your age and whether you have children under 16 or disabled children,

I can walk you through the exact steps and forms for your specific situation. Information gathered from public forums or data available on the internet and portrayed here.