What Happens If Your Client Dies?
May 1, 2009
Author: Catherine M. Callery (Kate)| Louise M. Tarantino
David Ralph of the Elmira office of LAWNY, recently had to learn what to do when, unfortunately, his client passed away while her appeal was pending in U.S. District Court. The client’s case involved SSI only, and she had no survivors with legal standing to make a claim for an SSI underpayment. See, e.g., 20 C.F.R. §416.542(b). See also the September 2003 edition of the Disability Law News, available at www.empirejustice.org, for more information about which claims survive the death of the claimant and which do not.
David was reluctant to enter into a stipulation to dismiss the claim. Since the claimant had no legal representative and no estate proceeding had been filed, he had no real authority to act to her behalf. He was also concerned that a dismissal would cut off the rights of the local Department of Social Services (DSS), whose claim for interim assistance does survive the death of the plaintiff. See 20 C.F.R. §416.525 and POMS §DI 02101.003
David delved into his Rules of Civil Procedure and, as a result, filed a Rule 25(a) Statement, notifying the Court that the claimant had died and that there were no survivors. He also filed an Affidavit, further notifying the Court of his communications with the local DDS, which had indicated that it did not plan to pursue the claim. The claim was then dismissed by the Court.
Thanks to David for sharing this procedural tip. Let’s hope we don’t have to use it often!
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