Disability Survivor Benefits: Who is Eligible?

When a family wage earner dies, it can leave the survivors financially vulnerable. Social Security attempts to alleviate this vulnerability by providing survivor benefits to family members. Nearly every children in the U.S. can receive survivor benefits when a working parent dies. Surviving spouses and dependent parents can also receive benefits through Social Security. Because workers pay into Social Security the extent of their working years, a survivor benefits may have more value than individual life insurance.

Who Can Receive Survivors Benefits?

The following are those persons eligible to receive survivors benefits after a family wager earner dies:

• A surviving spouse is eligible to receive full benefits when he or she reaches full retirement age, which is age 66 for people born in 1945-1956. This age gradually increases to 67 for those born in 1962 or later. A reduced portion of the benefits can be received as early as age 60 and if the surviving spouse is disabled, benefits can begin at age 50.

• A surviving spouse at any age can receive benefits if she or he takes care of the decedent's child younger than age 16 or disabled.

• Surviving unmarried children younger than age 18 (or up to age 19 if attending elementary or secondary school full time) are also eligible. Children can receive benefits at any age if they were disabled before age 22 and remain disabled. Under certain circumstances, stepchildren, grandchildren, step-grandchildren or adopted children may also be eligible.

• Dependent parents can receive benefits if they are age 62 or older and if the deceased provided at least one-half of their support.

How is Survivors Benefits Insurance Earned?

Workers earn credits toward Social Security benefits the longevity of their work life. The years needed for surviving family members to receive benefits depend on when the worker dies. The younger the worker, the fewer years needed. However, to receive any Social Security benefit, no one needs to work more than 10 years. A special rule provides that if the deceased worked one and one-half years in the three years prior to his or her death, then benefits can be paid to the decedent's children and the spouse caring for those children.

Surviving Divorced Spouses

A former spouse who is age 60 or older (50-59 if disabled) can receive benefits if the marriage lasted at least 10 years. The former spouse, however does not have to meet this criteria if he or she cares for the an entitled child who is under age 16 or who is disabled. The child must be the spouse’s natural or legally adopted child.

One-time death payment

Social Security can make a one-time payment of $255 if the decedent worked a requisite number of years. This payment only goes to the surviving spouse or child if they meet certain requirements.

Consult an Attorney

If you are a surviving spouse, child or dependent parent of a deceased worker, you may be eligible for survivor benefits from Social Security. Discuss your case with an attorney to determine what benefits may be due to you.