Social Security Death Benefits Guide from a Los Angeles Attorney

By: Claysphere Rivera
Submitted: 2008-07-06 00:13:26
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This article will tackle about Social Security Death Benefits, in matters of its purpose, coverage and entitlement, including the value of Attorney representation in claims of this sort.

A good way to start would be to discuss significant points regarding Social Security Death Benefits.

Social Security Death Benefits

Everyone who works in the United States is mandated or required by law to pay into Social Security.  Upon occurrence of circumstances such as disability or upon retirement, these benefits are paid out to the person who contributed into Social Security.  This is normally how the system works.

Specifically, when a member dies, the benefits that he/she are entitled for or was receiving does not expire with his/her death.  Instead, they are passed on or transferred to certain eligible members of his/her family.  The benefits that the surviving family will get are capped as survivor’s benefits.

Under the Social Security guidelines, if a person worked, paid Social Security taxes and have earned good amount of work credits, any eligible members of the person’s surviving family can be entitled for survivors benefit upon his death.

The number of years a benefactor needs to work for their family to be eligible for Social Security survivor benefits depends on his/her age when he or she dies.  The younger a person is, the fewer years he or she needs to work.  However, no one needs more than 10 years of work to be fully insured or eligible for any Social Security benefit.

Eligible Survivors

The rules are more complex in this matter.  However, as a general overview these people can receive Social Security death benefits, given any of the following conditions:

• Your spouse (full benefits upon retirement, reduced benefits at age 60, and full benefits for disabled individuals 50 and older)
• Your spouse at any age, who is taking care of your child who is under age 16 or disabled
• Your ex-spouse age 60 or over (50 or older if disabled) who was married to you for at least 10 years
• Your ex-spouse at any age, who is taking care of your child who is under age 16 or disabled
• Dependent parents who are 62 or older
• Disabled children of any age
• Unmarried children under 18, up to the age of 19 who are still in high school full time
• Stepchildren, grandchildren, and adopted children (circumstances vary with these survivors)

Benefit Amount

The amount of Social Security death benefits that a survivor can receive depends on several different factors.

However, the benefits that an eligible family will receive monthly from survivor benefits depend on the decedent-member’s average lifetime earnings.  That means, the higher the earnings, the higher the benefits.  In turn, the monthly benefit is equal to a percentage of the decedent-member’s basic Social Security benefits.  The percentage depends on the survivor's age and relationship to the decedent-member.

This is all too complex and complicated.  For better light on this matter, you can confer with a Social Security Attorney to give you a clearer and detailed account.

Lump-sum benefit

If the decedent-member has accumulated enough work credits, his or her surviving spouse or minor children may receive a lump-sum benefit of $255, if they meet certain requirements.

For the surviving spouse to be eligible, he/she must have been living with the decedent-member at the time of the latter’s death, or if living apart, must have been receiving benefits based on the decedent-members earnings record.

If the decedent-member is not married at the time of his or her death, the death benefits may be divided among his/her children who are eligible.

Actions Needed

After the death of the decedent-member, it is significant that survivors take all the essential steps to determine the availability of Social Security Death Benefits.  On this score, it is relevant to consider the hiring of a Social Security Death Benefits Lawyer who is adeptly knowledgeable with claims and compensation under the Social Security.

Because of the complexities in the procedure of filing a death benefit application, the surviving family may necessitate the aid of a Social Security representative in order to have better chances of approval.  In Los Angeles, there is a considerable number of qualified Social Security Lawyers who can help you in this respect.

Closing tune

With the great depression brought about by the death of a loved one, there is a reason to feel low and a great reason to move on.  For the surviving family members, when you happen to be in this situation, be quick to respond in order to get the rightful Social Security benefits at the soonest.  For more help and assistance, seek Attorney’s services.

Article source: Expert Articles