Social Security Survivor Benefits

Social Security survivor benefits can provide financial assistance to a deceased worker’s family members, helping to maintain economic stability during a time of loss. These benefits are particularly important for surviving spouses, minor or disabled children, and sometimes parents who depend on the income of the deceased. However, the process of applying for these benefits can be complex, especially with recent changes to Social Security regulations being implemented. Understanding how the system works, who qualifies, and the steps to apply can make all the difference when it comes to securing the support your family needs.

What Are Social Security Survivor Benefits?

Survivor benefits provide monthly payments to eligible family members of people who worked and paid Social Security taxes before they died. If the family member is already receiving Social Security on their own record, they may opt for the Survivor’s benefit instead. For example, John received $2,000 monthly in Social Security payments during his lifetime, and his wife Anne received $800 a month in Social Security based on her record. When John passes away, Anne can opt to receive John’s $2,000 a month instead of her $800, but she cannot keep both payments.

Who Qualifies for Social Security Survivor Benefits?

1. Surviving Spouse: A widow or widower can qualify for survivor benefits if they were married to the deceased worker for at least 9 months. The surviving spouse can begin receiving benefits as early as age 60. If the surviving spouse is disabled, they can begin receiving benefits as early as age 50. Additionally, if the spouse is caring for a child under age 16 or a disabled child, they can qualify for the benefits at any age. Such benefits are not available to a widow who remarries before age 60.
2. Ex-Spouses: An ex-spouse may also be eligible for Survivor Benefits if they were married to the deceased worker for at least 10 years, are at least 60 years old, and did not remarry before age 60.
3. Children: Unmarried children of the deceased worker who are under age 18 (or 19 if still in high school) can qualify for benefits. Children of any age who were disabled before the age of 22 can also receive benefits if they remain disabled. Under certain circumstances, married children, stepchildren, adopted children, and grandchildren may also qualify for benefits.
4. Dependent Parents: In some cases, dependent parents may qualify for Survivor Benefits. To qualify, parents must be at least 62 years old and have relied on the deceased worker for at least half of their financial support.

Recent Changes to Social Security Survivor Benefits

Social Security survivor benefits are subject to periodic updates and changes. Some recent adjustments have altered the application process and benefits for certain individuals. Here are a few noteworthy changes:

1. You Must Apply. If you were receiving benefits on the deceased record prior to their death, your benefits should be converted to Survivor Benefits automatically upon SSA receiving notice of their death. If you were not receiving benefits or were receiving them based on your own work history, benefits will not be automatically applied and you must apply for Survivor Benefits in person.
2. Phone Services Discontinued. Phone services are no longer an option for survivors applying for benefits. To qualify, you now must go in person to the SSA office. Between recent significant staff cuts at SSA and new required in-person appointments will cause longer wait times and potential delays in benefits.
3. No Online Option. There is currently no online option available to apply for Social Security Survivor Benefits.
4. Current Legal Challenges. Advocates for seniors and people with disabilities argue that these changes create significant barriers to serving the citizens the agency is mandated to serve. Pending litigation may lead to future changes.

Steps to Apply for Survivor Benefits

If you believe you qualify for Social Security Survivor Benefits, the next step is to apply. The application process may vary depending on your specific circumstances, but the following is a general guide to the steps involved:

1. Gather the Necessary Information: Before applying, collect all the required documentation, including:

• The deceased worker’s Social Security number.
• Death Certificate.
• Your own personal information, including your Social Security number, birth certificate, and marriage certificate.
• Information for any dependent child, including Social Security number and birth certificate.

1. Contact the Social Security Administration (SSA): To start the application process contact SSA by calling 1-800-772-1213 to schedule an appointment. Be prepared for long hold times. Currently, the wait time for a call back from Social Security averages over two and a half hours. Once you schedule, you may have to wait another 28 to 40 days for your appointment.
2. Complete the Application: The SSA will require you to fill out specific forms to apply for Survivor Benefits. For most people, the SSA-10 (Application for Survivor’s Benefits) is used. However, the exact form you need will depend on your situation. Make sure to answer all questions truthfully and completely to avoid delays.
3. Wait for Approval: After submitting your application, the SSA will review your claim and determine eligibility. This process may take several weeks, so be patient. If additional documentation is needed, they will notify you by mail.
4. Appeal if Necessary: If your claim is denied, you will receive a written denial notice, and you have the right to appeal the decision. The SSA provides a structured process for filing appeals, and it’s essential to act within the timeline allowed, and to understand your rights.

Additional Tips for Survivors

• Consult a Professional: Estate planning and Social Security laws can be complex. If you’re unsure about eligibility or how to maximize your Survivor Benefits, consider consulting with a Certified Elder Law Attorney. They can help navigate the intricacies of the application process and suggest strategies for optimizing the benefits you receive.
• Watch for Scams: Unfortunately, fraudsters often target people seeking Social Security benefits. Be cautious of unsolicited phone calls or messages asking for your personal information. Always contact the SSA directly through their official website or phone number.

Final Thoughts

Applying for Social Security Survivor Benefits can be a complicated process, but knowing who qualifies, understanding the recent changes to the system, and following the proper steps can help simplify the journey. Stay informed about changes to Social Security, especially if you are in a situation where Survivor Benefits may be a lifeline. With the right preparation, you can ensure that your family receives the financial support they need in a difficult time.

Written by:
Kyla A. Williger, Certified Elder Law Attorney
kwilliger@kwgd.com
330-686-7777