How Do I Qualify for Social Security Survivor Death Benefits?

The Social Security retirement program allows surviving spouses and children of deceased individuals to receive part or all of the decedent’s Social Security benefit payments under certain conditions.  Surviving spouses are eligible to collect reduced benefits as early as age 60.  At full retirement age, the widow/widower can obtain 100% of their spouse’s payment.  Surviving spouses of any age, with children under 16, may begin to collect 75% of the basic benefit amount.  Even divorced spouses (if they did not remarry before age 60) are entitled to benefit checks if the marriage lasted more than ten years.  Unmarried children under age 18, or disabled children (if the disability started before age 22) at any age, also receive survivor payments at the 75% rate. The benefit amount depends on the number of years the individual worked and the amount of income he/she took in. 

It’s important that you begin the application process for survivor benefits right away.  Social Security starts payments from the time of application, not from the date of your family member’s death, so prompt action on your part may save you some money.  The SSA will require you to provide proof of death (ie. Death Certificate), your Social Security number, a marriage certificate,and  perhaps  relevant documentation.  If the SSA denies your survivor benefits claim, you should contact an attorney to file an appeal.  Sometimes a denial of claim may come down to a technicality  in the application, leading to an easy resolution on appeal.

If you’ve been receiving spousal benefits or retirement payments based on your own work history, you can still apply for survivors’ benefits.  If the survivor benefit exceeds the amount you were getting before, your monthly payment may increase.  You can continue to work under Social Security after full retirement age without incurring any penalty or reduction to your check.  If you opt for early retirement, you may be subject to benefit reductions if you reach a certain income level.

Losing a loved one often creates considerable emotional trauma. The financial toll can be devastating as well.  Fortunately, Social Security functions as a type of life insurance for spouses and children of deceased family members.  If your spouse or parent has passed away after retirement, make sure to take advantage of the safety net provided by Social Security’s survivor benefit program.  Contact a legal professional to assist you with the application or appeals process and to facilitate prompt receipt of the benefits to which you are entitled. 

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.