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Social Security (Disability and Survivor Benefits)

Disability and Survivor Social Security Benefits

What are Survivor Benefits?  Who can Receive Them?

As people pay Social Security taxes, they earn credits toward Social Security retirement, survivor and disability benefits. When you die, certain members of your family may be eligible for survivors benefits. These include widows, widowers (and divorced widows and widowers), children and dependent parents. Eligibility for survivor benefits depends upon the number of years worked and the age of the worker when he/she dies. The younger you are the fewer the number of years you need to have worked in order for your survivors to qualify.  In any case, no one needs to work more than 10 years in order to be eligible. There are special rules for workers who have only worked a few years and have children age 16 or younger.

A widow or widower can receive full benefits when they reach age 65-67 (the age for full benefits increases for people born after 1939 and reaches its maximum for people born after 1961).  A disabled widow or widower can get benefits at age 50.  A widow or widower can receive benefits at any age if she or he takes care of a child who is entitled to a child’s benefit and is age 16 or younger or who is disabled.

Unmarried children who are under age 18 (or up to age 19 if they are attending elementary or secondary school full time) also can receive benefits. Children can get benefits at any age if they were disabled before age 22 and remain disabled. Under certain circumstances, benefits also can be paid to stepchildren, grandchildren or adopted children. A child born or adopted after you begin to receive benefits may also qualify for benefits. Dependent parents can receive benefits if they are age 62 or older and the deceased worker provided at least 50% of their support.  Divorced spouses are also eligible if the marriage lasted at least 10 years and/or if they are caring for children of the worker and the children are under the age of 16.

How Much can a Survivor Receive?

As with the standard retirement benefit, the amount of survivor benefit is determined by how much a worker earned (and contributed to Social Security).  Your annual statement from the Social Security Administration provides information on how large the survivor benefit for you would be.  It is important to understand that if you or your spouse dies and they are already eligible for standard retirement benefits, they are not eligible to receive both their retirement benefit and your survivor benefit.  Instead, the Social Security Administration will calculate which benefit is greater and provide that benefit only.  If a spouse is eligible for full retirement, she or he will qualify to receive 100% of the deceased spouse's benefit if it is greater than their own retirement benefit. There is also a one time 'death benefit' of $255 that can be provided to a spouse or minor children if they meet certain requirements. 

Total benefits to a family (spouse, dependent children and dependent parents) are limited to between 150-180% of the full retirement benefit that the deceased worker would have received on full retirement.

How to Apply for Survivor Benefits

Survivors can apply for benefits by calling or visiting their local Social Security Office (look in the white pages under 'United States Government').  Be prepared to be able to provide Social Security with:

• • A death certificate or other proof of death (a funeral home can provide this) for the worker

  • Social Security numbers for the person applying and for the deceased worker

  • Your birth certificate and marriage certificate (if you are a widow or widower)

  • Divorce papers if you are applying as a divorced widow or widower;

  • Dependent children’s Social Security numbers (if they are available)

  • Deceased worker’s W-2 forms or federal self-employment tax return for the most recent year

  • The name of your bank and your account number so your benefits can be deposited directly into your account

Note: You should apply as soon as possible after the death of a covered worker.  In some cases, benefits only begin after the date of the application and are not retroactive.

Do I Need an Attorney to Obtain Survivor Benefits?

Generally, the answer is no.  You should be able to apply for survivor benefits on your own.  However, if you believe you need the advice of an attorney to help you through the process, you may wish to obtain legal services.  If you are denied survivor benefits (or the amount of benefits) that you believe you are entitled to, you have a right to be represented by a lawyer (or any other person you designate) to represent you through the appeal process that the Social Security Administration has established.

For More Information

You can visit or call your local Social Security Office or you can obtain detailed information from the Social Security Administration's website at: http://www.ssa.gov/

Contact Information

If you would like a consultation or wish to arrange for representation on any Social Security matter, criminal matter, drawing up a living will, testamentary will, trust and estate planning or health care proxy, you can contact Glenn W. Magnell at either his Goshen or Cornwall offices. 

Goshen Office: 162 Main Street, Goshen, N.Y. 10924    Phone: 845-294-0585    Fax: 845-926-4091

Cornwall Office: 151 Continental Road, Cornwall, N.Y. 12518   Phone: 845-534-7848  Fax: 845-926-4091

Email: gmagnell@stormkinglaw.com

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Please note: Information on this website is intended to inform, not to advise.  No one should attempt to interpret or apply any law without the assistance of an attorney that is familiar with that area of law, the rules of the court involved and the specific facts of each individual case.