Survivors benefits are monthly payments made by the Social Security Administration (SSA) to the eligible family members of a deceased worker who had accumulated enough credits through paying Social Security taxes. Do you know what this means when the deceased was a beneficiary of Social Security Disability Insurance (SSDI)? Are all dependents automatically entitled to receive these payments? The law has specific and stringent criteria dictating who can benefit and the amount of benefits they can receive.
The entire benefits system is based on the Social Security Act, which contains the detailed eligibility and payment calculation rules. Read along to learn legal requirements for SSDI survivors benefits for California and US dependents. This blog helps you understand your rights and navigate the process.
Who Qualifies for SSDI Survivors Benefits?
When the recipient of Social Security Disability Insurance (SSDI) dies, this does not necessarily mean that the money they received will stop being remitted. The Social Security Administration is also a vital source of support for dependents.
However, specific criteria are established by federal law to determine eligibility as a survivor. These rules are specific and depend on your relationship to the deceased. Knowing where you fit into these categories is vital as eligibility depends on age, marital status, and dependency.
Whether you are a spouse, a child, or a parent financially dependent on the deceased, a unique process may allow you to receive these important benefits.
Surviving Spouses
As a surviving spouse, your eligibility for SSDI survivors benefits depends on several factors. Generally, you may be entitled to benefits if:
- You are at least 60 years old
- Your age is 50, and you have a disability that commenced before a period of seven years since the death of your spouse
- At the time of the death of your spouse, you have had at least nine months of marriage
There is a significant exception to these age requirements if you are taking care of the deceased's child. If the child is under 16 or has a disability and receives benefits on the deceased's record, you can receive benefits at any age. This clause acknowledges your vital role as a caregiver and seeks to offer financial stability to your household. It is also essential for you to know how remarriage can affect your eligibility.
You will lose your eligibility to these survivors benefits as a rule, however, when you remarry before the age of 60 years (or before the age of 50 years in case of disability).
Divorced Spouses
Your rights as a divorced surviving spouse are also clearly defined and offer a potential source of financial support if you meet the necessary conditions. In case you were married to the deceased individual and had lived together for more than 10 years, then you can be entitled to receive survivors benefits under their record. The age eligibility requirements are the same as those for a surviving spouse; you can start collecting benefits at age 60 or 50 if you are disabled.
An essential aspect of divorced spouses' benefits is the rule on remarriage. If you remarry before the age of 60 (50 if disabled), you cannot collect benefits based on your deceased ex-spouse's work record.
However, a big plus for divorced spouses is that the benefits you receive do not affect the benefits other family members, such as a current spouse or children, are entitled to. Your claim does not count against the family's maximum benefit, so your eligibility will not limit the support available to others.
Children's Benefits
The Social Security program offers an essential financial safety net to the children of a deceased SSDI recipient. Survivors benefits are available to unmarried children under the age of 18. These benefits may continue until age 19 if the child studies full-time at an elementary or secondary school. For a child who has a disability that started before they reach 22 years, the benefits can be extended into adulthood as long as the disability continues.
These rights apply to non-biological children. Stepchildren, adopted children, and even grandchildren may qualify for these benefits, given that they meet the dependency requirements. The aim is to provide children who were reliant on the deceased for financial support with some degree of stability during a time of profound loss and change. The child's benefit is a substantial percentage of the deceased parent's benefit, providing significant support for their upbringing and education.
Dependent Parents
In cases where you, as a parent, were financially dependent on your adult child who was receiving SSDI, you may also qualify for survivors benefits. You must be 62 years old and be more than half dependent on your dead child. This provision recognizes that some adult children become caregivers and financial providers for their aging parents.
The Social Security Administration will ask you for evidence of this dependency at the time of your application. This benefit is designed to help compensate for the financial difficulty when a parent loses the support they previously received from their child.
If both parents were dependent, they may each be entitled to a benefit, but the amount for each parent is determined as a certain percentage of the deceased's benefit. This ensures that parents who have lost a crucial source of income are not left without a means of support.
How Are Survivors Benefit Amounts Calculated?
Knowing how the Social Security Administration calculates survivors benefits is essential for managing your financial expectations. The benefit amount is not fixed but is directly linked to the deceased's income.
The more your loved one contributed to Social Security through their employment, the larger their basic benefit amount will be, and therefore, the larger the potential benefits for you and other family members. This is calculated by determining a specified percentage of the amount of the benefit of the deceased, and the rate here varies depending on the relationship of the person to the deceased and the age.
For example, a surviving spouse who has reached retirement age can receive the full benefit amount of the deceased worker. If you are a widow or widower between 60 and your full retirement age, you will receive between 71.5% and 99% of your spouse's benefit. A surviving spouse who is caring for a child below 16 years of age and an eligible child will receive 75% of the deceased's benefit amount.
It is also important to know the "family maximum benefit." This is a cap on the amount of money that can be paid monthly to all family members on one Social Security record. This limit usually ranges from 150% to 180% of the amount of the deceased's benefit.
If the benefits to be calculated for all eligible family members exceed this limit, then the benefit for each person will be lowered proportionally to bring the total within the limit. However, the benefit of the deceased is not included in this calculation.
Besides the monthly payments, the SSA can also provide a lump-sum compensation of $255. It is usually a benefit paid to the surviving spouse of the deceased in case the deceased and the survivor were living together when the former passed away. If no surviving spouse exists, the payment can be made to an eligible child. You must claim this payment within two years after death.
A Step-by-Step Application Process Guide
The application process for survivors benefits is complex, and paying attention to detail and acting promptly is important. Please note that you cannot apply for these benefits online. Instead, you are required to contact the Social Security Administration directly to start the process. You can do so by calling their national toll-free number or scheduling an appointment with your local Social Security office for a one-on-one meeting. It is essential to file for benefits as early as possible because, in some cases, benefits are paid only from the date you apply for benefits, not from the date your loved one died.
You should collect several essential documents to ensure a smooth application process. While you should not delay applying if you lack some of the information, the following documents will help speed up your claim:
- Evidence of the death, usually a death certificate from the mortuary
- The deceased's Social Security number, as well as your own
- Other necessary documents include:
- Your birth certificate
- Marriage certificate if you are a surviving spouse
- Divorce decree if you are a surviving divorced spouse
- You will need their birth certificates and Social Security numbers for dependent children
- The deceased worker's W-2 forms or federal self-employment tax return for the last year of life
After filing your application and providing the required documentation, the Social Security Administration will review your claim to decide if you are eligible. They will check all the information you have submitted and determine the benefit you are entitled to receive. This process can take a while, so patience is important. Once a decision has been made, you will receive an email notification. If your claim is approved, you'll be told the monthly benefit amount and when payments start.
How a Disability Lawyer Can Help
Dealing with the Social Security Administration's numerous rules and procedures can be overwhelming, especially when grieving. This is where having a qualified disability attorney is invaluable. An experienced Social Security attorney knows the ins and outs of the application and appeals process. They can ensure that you correctly interpret the regulations that apply to your particular circumstances and that your claim is set up for success from the outset. A lawyer can significantly ease the burden of the process by dealing with the paperwork and correspondence with the SSA for you.
One of the most essential things a disability lawyer can do for you is ensure your initial application is complete and correct. Mistakes or omissions on your application can cause serious delays or even a flat-out denial of your claim. An attorney will carefully examine all your forms and supporting documents to ensure that all the required information is provided accurately. This attention to detail can help avoid common errors that often catch applicants off guard when applying to the SSA for the first time. A well-documented and professionally presented case gives you a much better chance of a positive outcome.
Unfortunately, initial claims denials are not unusual. If your application is denied, it does not mean the end of the road, but the appeals process can be even more complicated than the application process. This is a crucial point at which legal representation is also essential.
A disability attorney can file an appeal for you within the strict 60-day time frame and represent you at any hearings that may be necessary. They will collect further evidence, draft legal arguments, and represent you before an administrative law judge to give you the best chance to reverse the denial and receive the benefits you are entitled to.
Contact a Disability Lawyer Near Me
Losing a loved one who was a recipient of SSDI causes not only emotional pain but also financial uncertainty. The Social Security survivors benefits program is intended to create an essential financial bridge for dependents during this difficult time. By understanding the specific eligibility requirements for spouses, children, and parents, and by preparing for the application process, you can take the necessary steps to secure the support you are entitled to.
Navigating the complexities of a survivors benefits claim can be a daunting task. You do not have to go through it alone. Seeking legal counsel can make all the difference in the world to the outcome of your case. An experienced disability lawyer can ensure your application is accurate, complete, and compellingly presented, while being prepared to fight for your rights in case of a denial.
For a free and confidential consultation to discuss your SSDI survivors benefits claim in California, please do not hesitate to contact our dedicated legal team at Leland Law. We are here to help you with the compassionate and knowledgeable assistance you need to navigate this process confidently. Call us today at 866-449-6476.
