Available Death Benefits for Worker' Kin under Social Security

By: Claysphere Rivera
Submitted: 2008-09-19 13:37:47
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When a beneficiary dies, some of the deceased’s family members may be eligible to receive Social Security death benefits if the deceased beneficiary has worked long enough to qualify for benefits and has paid Social Security taxes.  This benefit payment, coined as survivor benefits, was designed to help the family members maintain their standard of living after the death of a loved one who was eligible for Social Security.

To be entitled for this benefit, there are certain guidelines that have to be met. To have a clearer grasp of this whole thing, a good outline is needed, thus, in these wise:

Qualified Family Members Who May be Entitled for Social Security Death Benefits

A.  Widow/Widower who has not remarried before age 60

A widow or widower can be entitled for part or full benefits depending on their ages at the time of the decedent-beneficiary’s death.  To be entitled for Social Security survivor’s benefits, the following are the guidelines:

•    At any age if caring for children under 16 or disabled children who get benefits

•    If born before 1938, full benefits at age 65 or older or reduced benefits at age 60

•    If born after 1960, full benefits at age 67

•    If widow or widower is disabled, benefits at age 50-60

A widow or widower who remarries prior to age 60, survivor benefits are not available in most cases.

B.  Unmarried children

For purposes of Social Security, children are defined as biological children, adopted children, stepchildren and in remote cases, including dependent grandchildren.  For the covered unmarried children, here are the criteria:

•    A child must be under 18

•    Or under age 19 and in elementary or secondary school

•    if the child is disabled before age 22 and remains disabled

•    Under certain conditions adopted children, grandchildren, or stepchildren are also eligible

The covered children generally receive 75 percent of the worker's benefits. Benefits cease if the child marries.

C.  Dependent parents

Parents may also be entitled to death benefits if they are 62 or older and who are dependent on the deceased worker for their chief means of support.

D.  Surviving divorced spouse, under certain circumstances

Divorced spouses may qualify for death benefits if they are presently unmarried and if the marriage lasted at least 10 years and the surviving ex-spouse is at least 60 years of age.

Lump-sum Death payment

The surviving spouse can receive a one-time payment of $255 if they lived with the deceased at the time of death, or if they were receiving Social Security benefits based on the earning records of the deceased.  In the absence of the spouse, minor children who are eligible for benefits based on the deceased’s work record may collect the one-time payment.

Limitation of benefit amount

There is a limit to the amount of survivor benefits collected by qualified family members that is usually equal to 150–180 percent of the deceased’s benefit rate. If a family receives more under this range, benefits are reduced proportionally.

The typical amount ranges that the beneficiary will receive are:

•    For widow or widower older than 65 years they will receive 100 percent

•    For widow or widower aged 60-64 years they will receive 71–94 percent

•    For widow or widower with children under age 16 will receive 75 percent

•    For children they will receive 75 percent at most

Notification Requirements and filing of application

Whether you are currently receiving Social Security benefits or not, Social Security should be notified as soon as possible when a person dies.  For those who are not receiving Social Security benefits, they must file their application for survivor’s benefits promptly so that their application can be given due course at the earliest possible time.  There are cases where benefits will be paid at the time of the application and not from the time of the worker’s death.

For proper guidance of your claim, you may want to confer with a suitable Social Security attorney in your area for clearer lights.  The attorney has vast knowledge in this area and can readily represent you in all of your benefit application under Social Security.

In matters related to social security death benefits and other issues, you can seek the assistance of our experienced social security lawyers to help you. You can log on to our website to avail of our free case analysis.

Article source: Expert Articles