As a Social Security attorney in Illinois, I often meet with grieving families who are confused about what to do when a loved one who received Social Security passes away. It’s a difficult time emotionally, and trying to understand government procedures and benefits while also dealing with funeral arrangements and financial responsibilities can feel overwhelming. One of the most common questions I hear is: “What happens to their Social Security benefits now?” The truth is that there are specific steps to take, and certain benefits may still be available for surviving spouses, children, or other dependents. However, time-sensitive rules apply, and failing to act quickly can affect your eligibility.
Social Security is a federal program, but understanding how it operates after a death can be especially important in Illinois, where family members often rely on survivor benefits to help cover immediate and long-term expenses. The rules differ depending on the type of benefit the deceased received—whether it was retirement, disability, or Supplemental Security Income (SSI). In all cases, the Social Security Administration (SSA) must be notified of the death as soon as possible. Illinois law does not control how federal benefits are paid out, but our state’s probate and estate laws do come into play when it comes to recovering overpayments or managing estate claims under 755 ILCS 5/18-3 and related probate provisions.
The first thing to know is that Social Security payments are not prorated. If your loved one dies during the month, their benefits for that month must be returned. For example, if someone dies on May 10, the payment they receive in June (which covers May) must be sent back to the SSA. Failing to return these funds can lead to an overpayment claim, which the government may recover from the estate or survivors.
Banks are often notified automatically if the account was set up for direct deposit, but it’s important not to rely solely on the bank. You or the funeral home must also report the death to Social Security.
Survivors may qualify for benefits if certain criteria are met. The SSA provides survivor benefits for a spouse, children, and even dependent parents under federal law, but those claims must be initiated by the family. In Illinois, surviving spouses often contact me to ask whether they are entitled to receive benefits, especially if they are under retirement age or raising minor children.
A one-time $255 lump-sum death benefit may be paid to a surviving spouse or, if none exists, a child. Ongoing survivor benefits may also apply. For example:
The SSA will look at the deceased’s work history to determine eligibility and benefit amounts. Survivors typically need to submit documents like marriage or birth certificates, Social Security numbers, and proof of death.
If your loved one was receiving Social Security Disability Insurance (SSDI), those benefits stop at the moment of death. However, survivors may still be eligible for monthly benefits based on the deceased’s work record. If they were receiving Supplemental Security Income (SSI), which is needs-based, there are no continuing survivor benefits.
Illinois residents who were legal representatives or caregivers often asked me if they could keep using SSI funds after the person passed. The answer is no. Any unspent SSI money should be returned or reported to the SSA. If the deceased had a Representative Payee, that person is also responsible for notifying the SSA and returning funds.
You must notify the Social Security Administration as soon as possible. In most cases, the funeral home will report the death, but you can also call SSA at 1-800-772-1213. This step is necessary to avoid overpayments and determine survivor benefit eligibility.
No. Social Security benefits are not prorated, and if your loved one dies during the month, the check for that month must be returned. Keeping that payment can result in the SSA seeking repayment from the estate or other family members.
The SSA offers a one-time $255 lump-sum death payment. This is only paid to a surviving spouse living in the same household or, if none exists, to a child who qualifies. You must apply for this benefit—it is not issued automatically.
Surviving spouses aged 60 or older, or those of any age caring for a child under 16 or with a disability, may qualify. Unmarried children under 18, or up to 19 if in school full-time, may also receive benefits. In some cases, dependent parents over 62 may qualify as well.
Yes. If your loved one was receiving SSDI, monthly survivor benefits may be available based on their work record. This applies to spouses and children. If your loved one was receiving SSI, there are no ongoing benefits for survivors.
You must apply directly with the SSA. Applications cannot be completed online. You will need to call the SSA or visit your local office. Be prepared to show documents such as the deceased’s death certificate, your birth certificate or marriage certificate, and both parties’ Social Security numbers.
If the SSA sends a benefit check after the recipient’s death, you must return it immediately. If the money was directly deposited, the bank may return it. If not, the SSA may seek repayment from the estate or surviving family members. Illinois estate laws under 755 ILCS 5/18-3 allow such claims to be processed during probate.
Yes. As an attorney, I can help you understand eligibility, gather required documents, and communicate with SSA to ensure your family receives any benefits you’re entitled to. I also help families deal with overpayment disputes or estate claims.
Understanding Social Security rules after the loss of a loved one can be difficult. If you’re unsure about your rights or what to do next, I’m here to help. At Harold W. Conick & Associates, we represent families throughout Illinois and can guide you through the Social Security process.
Contact our Illinois Social Security attorneys at Harold W. Conick & Associates by calling (800) 608-8881 to receive your free consultation tailored to your needs. We provide free consultations and proudly serve clients in Chicago and across all of Illinois.
