Industry Leader in "Download & Edit" Legal & Business Forms   
  Legal-Forms-Kit.com
Home |Testimonials |FAQs | Order |

 

Survivors' Benefits

Your family may be entitled to your benefits after you die.

If you earned enough credits to be covered by Social Security, your spouse and your dependents may be entitled to receive benefits when you die. One of the benefits your survivors may be eligible for is a one-time lump sum death benefit payment of $255. In some cases, when the surviving spouse is covered by the deceased worker's benefit record in the month before death, this benefit is paid automatically when a worker dies, and the surviving spouse need not apply to the Social Security Administration to obtain it. In other cases, however, the benefit must be applied for by the survivor within two years of the worker's death. (In this context, "worker" may also mean "retiree.")

The Social Security Administration has established the priority rights to this death benefit payment. First priority goes to a spouse who lived in the same household as the worker when the worker died. Second priority goes to a spouse who was not living with the worker at the time of death, provided that the surviving spouse was entitled to or eligible for benefits based on the deceased spouse's record for the month in which the death occurred. Third priority goes to a child or the children of the deceased worker who were eligible for benefits in the month the worker died (such as minor children, or older children who are disabled).

Dependents who are the survivors of a deceased worker may also be eligible for a monthly benefit payment if they meet one of the following criteria:

  1. They are the surviving spouse and are age 60 or older;

  2. They are the surviving spouse of any age and are caring for the deceased worker's child under 16, (or a disabled child) who is getting a benefit based on the deceased worker's earnings;

  3. They are the surviving spouse, age 50 or older, and they become disabled no more than seven years after the worker's death or after becoming entitled to benefits based on the deceased worker's earnings;

  4. They are the parents of the deceased worker, are at least 62 years of age, and depended on the deceased worker's support;

  5. They are the unmarried children of the deceased worker and are under 18 years of age (19 if they are full-time high school students);

  6. They are the deceased worker's unmarried children 18 years of age or older, who became severely disabled before they became age 22, and who remain disabled.

In determining survivor benefit payments, the Social Security Administration will check a surviving spouse's earnings record to determine if he or she is eligible to receive benefits on his or her own record. If that payment would be larger than the payment due from the deceased worker's record, the larger payment will be made.

Legal & Business Forms Database
Legal Resources
 Legal Forms
 Legal Advice
 Legal Research
 Legal Dictionary
 Legal Articles
 Legal Jokes
About Us
 About Us
 FAQ's
 Newsletter
 Our Guarantee
 Testimonials
 Contact Us
 Order
Newsletter

 Get our Award Winning  Newsletter for FREE  and learn about new  legal laws, updates and  new added forms.