Unfortunately, due to the lengthy wait – on average 2-3 years – it is not uncommon for claimants to pass away while awaiting a hearing. However, the case does not close if the claimant has dependents or/and was married.

If the claimant has a spouse, a notice of substitution of party would be filed along with a death certificate. The surviving spouse or eligible children can continue on with the claim and any awarded benefits would be given to said spouse or eligible children

Claims Involving Common Law Marriages

Up until 1997, one of the few states that recognized common law marriages was Georgia. After 1997, however, Common Law Marriages could no longer be established in Georgia, but any existing Common Law Marriages were grandfathered in.

If a Common Law Marriage is recognized within your state as legal then there would be no difference in the Social Security claim of the surviving spouse. Social Security examines each state’s laws when determining whether or not a spouse is eligible for inheriting personal property of the deceased when there is no will. If it is determined that the spouse can inherit, then that spouse in entitled to also continue a Social Security Claim.

Hiring an attorney is the best route to go when you are asked to provide proof of a Common Law Marriage. In essence they must prove the following:

• That the spouse and the deceased claimant were eligible to marry at the time they became spouses through Common Law.
• That the couple had expressed a “present intent” to be married.
• That the couple lived together.
• That the couple portrayed themselves to the public as Husband and Wife.

Social Security does require this evidence to prove a Common Law Marriage did legally exist.

Note: Section 1717 of the SS Handbook sets out the required evidence to prove Common Law Marriage.