Social Security provides benefits to survivors when a wage earner dies. It is essentially a form of life insurance, providing greater financial stability to bereaved families. Survivors are any immediate family members living at the time of the wage earner’s death. However, in some places, judges have provided for coverage of children born through in vitro fertilization after the biological parent’s death. You can read more info here on Social Security survivors’ benefits.
Qualifying for Survivor’s Benefits
When an income earner dies, some of their family members may be eligible for survivor’s benefits. These relatives include:
1. Widows/widowers – depending on age, they may get a full or a partial benefit
2. Divorced widows/widowers – If the survivor is over 60 and the marriage lasted at least a decade, or if the survivor is under 60 and caring for a child under 16, they may receive benefits
3. Children – In most cases, children less than 18 qualify. If a child has a disability that ensued before the age of 22, and the disability is permanent, they may be eligible. In limited circumstances, stepchildren, adoptees and grandchildren can qualify.
4. Dependent parents – The survivor must be greater than 62 years of age, and have received more than half of their support from the decedent.
If a person remarries before they turn 60, they lose their widow/widower’s benefits, but those who wait until after 60 to remarry may continue to receive monthly payments.
Determining Benefit Amounts
The more Social Security “credits” a person accrues, the more their survivors will receive. A worker earns a credit for a predetermined amount of income, and can earn four credits per year. A person needs at least ten years’ worth of wages (40 credits) for survivors to receive benefits, with younger wage earners needing fewer credits.
One-Time Death Benefit
Under limited circumstances, survivors and their minor children can receive a payment of $250 upon a wage earner’s death. A Social Security attorney can help you determine whether you qualify for the benefit.
Do I Need an Attorney?
Social Security law is very complex, and the average person can have difficulty understanding how to proceed. A Disability Attorney in Midwest City OK can help you prepare your claim properly so that you will receive the full amount to which you are entitled.
