Fyi on Spouse Benefits

What would happen to a wife who never had the chance to work after her husband dies? What would happen to a child who had lost his parent to whom he or she receives support? Will they starve? How will they pay the rent? Will they be able to get back on their feet?

With the help of the Social Security Administration (SSA), they sure can!

The Social Security came up with a solution to the problem being experienced by someone who had lost someone, especially if that loved one is the wage earner in the family.

The SSA created the Spouse Benefit Program. This program seeks to aid persons who lost their working spouses due to death. This program entitles the surviving spouse to receive the deceased worker’s retirement benefits:

1. Upon reaching the age of 62 years

2. At an earlier age if she is getting higher SS benefits based on her records. In which case, her spouse benefits shall be reduced by percentage based on the number of months up to her full retirement age

For instance, if the spouse begins collecting benefits at the age of:

• a. 64 years – she will get 46% of the worker’s benefit;


• b. 63 years – she will get 42% of the worker’s benefit; and


• c. 62 years – she will get 37.5% of the worker’s benefit.

3. At any age if she is caring for the deceased child

• a. Who is 16 years and below; or


• b. Who is disabled and is receiving benefits from SSA.

(The spouse shall be entitled to half of the Spouse benefit. It stops when the child reaches 16 unless she is already entitled to retirement benefits.)

4. Upon reaching the age of 65, she becomes entitled to receive Medicare benefits

5. In case the spouse receives financial support from another at her full retirement age, she will get half of her spouse’s retirement benefit

Generally, before one can be entitled to receive spouse benefits, she must be married to the deceased worker at least nine months prior to the death.

However, the general rule need not be applied in the following cases

1. To a biological parent of the worker's biological child;




2. To a person who legally adopted the worker’s child while they were married and before the child reached 18 years old;




3. To the biological parent of a child who was legally adopted by the worker while the biological parent and the worker were married and before the child reached 18 years old;




4. If a person and the worker were married and both of them legally adopted a child below 18 years old;




5. To an institutionalized spouse who was previously married to the worker but was prohibited by the State Law to divorce the worker. After the worker died, the spouse married someone else within 60 days;




6. To a person who was married to the worker at the time of the latter’s death and the former had been married to and divorced from him before and their previous marriage lasted for 9 months;




7. If the worker’s death happened in line of his duty and he was a member of a uniformed service; and




8. If the death was accidental and he received bodily injuries through violent, external and accidental means. The death must be within 3 months after he sustained the injuries.

Even a divorced spouse can receive the benefits of her former spouse. However, the following conditions must first be complied with:

1. They must have been married for at least 10 years;




2. The worker’s former spouse must be at least 62 years old;




3. The deceased spouse must be entitled to benefits, although he had not necessarily received such;

The maximum amount that a divorced spouse is entitled to would be 50% of the benefit the worker would have received at full retirement age. If the divorced spouse received benefits before retirement age, the same shall be reduced based on the age of the spouse when she received the benefits.

Our http://www.mesrianilaw.com/Los-Angeles-Lawyers.html Los Angeles lawyers are experts in handling Social Security spouse benefits claims. For your inquiries and free case evaluation, please do visit our website.