For credible information and expert representation on your survivor benefits claim, log on to our website and seek the assistance of our Los Angeles Social Security lawyers.
Losing a loved one is hard. It is additionally difficult when that person was the one who was providing for the family. Without him, family members begin to think that they had no one else to turn to for support, especially for emotional and financial support.
Luckily, this is not true. Social Security came up with a seamless solution. With the help of the Social Security Survivor Benefits Program, surviving family members would be able to get on their feet after the loss and start anew.
What is Survivor Benefits?
It is a program launched by the Social Security to aid surviving family members by providing them monthly pensions based on the contributions given by the deceased wage earner to Social Security.
How can a worker be eligible for Survivor Benefits?
By paying contributions to the Social Security, a worker earns credits that are transmitted to his Survivor Benefits. Generally, his eligibility is founded on the number of years he/she worked and how old he/she died.
Younger workers earn higher credits than older workers. Nevertheless, a worker who has rendered 10 years of service is automatically entitled to the Survivor Benefits.
Exception: If within three years before the worker’s death, he had worked for only a year and a half, his children and his spouse (who cared for his children) shall be entitled to survivor’s benefits.
How much Survivor Benefits will I receive?
The computation for the Survivor Benefits is based on how much the deceased paid to Social Security. The more contribution he/she gave the more benefits the family members will receive. It is calculated by getting the percentage based on his basic benefits amount. The said percentage shall vary on how old the survivors are and how they are related to the deceased wage earner. For instance:
- The Widow or widower gets 100% benefits if he is within the retirement age or older.
- The Widow or widower gets 71-94% benefits if he is between 60 to 64 years old.
- The Widow or widower, regardless of the age, gets 75% benefits if with a child under age 16.
- The Children gets 75% benefits.
What is the one-time death payment?
A one-time payment of $255 shall be given to a spouse or to the minor children if they have met the requirements set by the Social Security and if the deceased worker has worked long enough.
Who receives the survivor benefits?
Not all family members get to receive the survivor benefits. Only those eligible receives them. They are as follows:
- The widow or widower who shall receive the (a) full benefit if 65 years or older; or if disabled and 50 years or older; (b) reduced benefit if aged 60 years.
- The widow or widower who shall receive benefits, regardless of age, if she/he takes care of the deceased’s child (a) entitled to child’s benefit and is age 16 and below; or (b) who is disabled.
- The unmarried children who are (a) 18 years and below; (b) up to 19 years old if attending full time elementary or secondary school; (c) disabled, regardless of age, if became disabled before turning 22 and remain disabled.
- The stepchildren, grandchildren, stepgrandchildren or adopted children, under certain circumstances.
- The dependent parents if they are 62 years and above.
What should I present to avail of the survivor benefits?
The following may be presented by the dependents in order to claim the survivor benefits of a deceased loved one:
- Proof of death;
- The deceased’s and your social security number;
- Your birth certificate;
- Your marriage certificate;
- Your divorce papers;
- The social security numbers of dependent children;
- The birth certificate of dependent children;
- W-2 forms or federal self-employment tax return for the most recent year of the deceased worker; and
- The bank’s name and your account number where you want the survivor benefits to be deposited.
For more questions on Survivor Benefits, it would be advisable to consult a Social Security Attorney near you.
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