How the Amount of Survivor Benefits is Determined

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The Social Security administration generally will determine the survivor benefit amount based on the amount the deceased worker paid into the Social Security system before he died. The more the deceased worker paid into the Social Security system, the larger the amount of survivor benefits that will be available for survivors.  If the worker that died was receiving reduced benefits, then survivor’s benefit amount will be calculated based on the reduced benefit amount he was receiving from the Social Security program that had awarded him benefits.  It is important to apply for survivor benefits as soon after the death of the worker spouse or parent for the reason that benefits may be paid survivors from the time they apply for benefits, and not retroactively, or from the time the worker died.

Age and Relationship to Deceased Worker 

Social Security uses the deceased worker’s basic benefit amount to calculate the percentage of his benefits that his survivor spouse and children would be entitled to receive. The percentage of the deceased worker’s benefits generally depends on the survivors’ age and relationship to the deceased worker.

  • A widow or widower, at full retirement age or older, receives 100 percent of the worker’s basic benefit amount;
  • A widow or widower, age 60 or older, but under full retirement age, receives 71 to 99 percent of the worker’s basic benefit amount; or
  • A widow or widower, of any age, with a child younger than age 16, receives 75 percent of the worker’s benefit amount.
  • Children can receive 75 percent of the parent worker’s benefit amount.

There is a maximum limit to family benefits paid out to a spouse and children each month.  The limit varies with the program that awarded benefits for the deceased worker.  The worker’s survivors or spouse and children are entitled to no more than a total pay out to the family of between 150 and 180 percent of the deceased work’s benefit amount.

Getting Legal Help

If you or a member of your family would like to investigate the possibility of receiving Social Security benefits based on the earnings of a deceased spouse or parent it may be helpful to discuss the circumstances of the family loss and the application for benefits with a disability lawyer.  An attorney can provide important guidance through the application process and help to explain all of your options in obtaining benefits based on the earnings of a deceased family member.

This article is provided for informational purposes only. If you need legal advice or representation,
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