Eligibility for Survivor Disability Benefits: Demystified 

November 17, 2023

By Steve Fields
Principal Attorney

Survivor disability benefits are a valuable resource the government offers to help those who have lost a loved one and are struggling financially because of a disability. Although the eligibility requirements might be difficult and perplexing, these benefits may offer a much-needed lifeline. 

The survivor disability benefits eligibility criteria consider one’s relationship to the deceased worker, the number of work credits they had, age requirements, and qualifying disability. Gathering the required paperwork and providing supporting documentation are all part of the application process. 

In this article, we’ll look at the eligibility requirements for survivor disability benefits and explain the application process. 

Eligibility Criteria for Survivor Disability Benefits

In order to meet eligibility requirements for survivor disability benefits, you must meet the following criteria:

1. Relationship With the Deceased Worker

You must have a relationship with the departed worker to be able to receive survivor disability compensation. In order to receive these benefits, you must either be the surviving spouse, child, or parent of a deceased worker. 

Additionally, stepchildren, grandchildren, or grand-step children are also eligible for survivor disability benefits. However, it is necessary for the deceased worker to have worked long enough under Social Security to qualify for these benefits.

Divorced Spouse

If your marriage lasted ten years or more, you may be eligible for benefits if your spouse, who is a worker, dies even if you are divorced. The benefit amount for remaining survivors receiving benefits on the worker’s record will not be impacted by benefits awarded to you as the surviving divorced spouse. 

Your ability to get survivor benefits won’t be impacted if you remarry after turning 60.

You would not be required to adhere to the length-of-marriage requirement if you are raising a child under the age of 16 or who is disabled, and the youngster receives benefits based on your former spouse’s record. However, the child must be your ex-spouse’s biological or legally adopted child.

Parents

If you are a dependent parent over the age of 62 and your working child has died, you may qualify for Social Security survivor benefits. Your child must have provided at least half of your financial assistance to qualify. 

To qualify as a parent, you cannot have access to a retirement benefit that exceeds the amount provided on your child’s record. With a few exceptions, marriage after the death of your adult child is generally not permitted.

2. Age

If you are the surviving current spouse of a deceased person, you must meet specific criteria in order to be eligible for benefits. You must be at least 50 years old and must have a disability that began before or within seven years of the death of your spouse. 

Surviving children must be unmarried and under the age of 18. However, if a child is still in high school, then the acceptable age can extend to 19 years old. 

3. Medical Condition

One must have a medical condition that meets the criteria of disability as defined by the Social Security Administration. The criteria classifies disability as a medically determinable physical or mental impairment that precludes you from performing any substantial gainful activity (SGA) for at least 12 months or results in death. 

The ailment must be severe enough to keep an individual from employment. 

The Social Security Administration considers an impairment to be severe when it considerably limits an individual’s physical or mental capacity to perform basic job-related responsibilities. It includes walking, sitting, pushing, lifting, pulling, standing, seeing, hearing, and speaking.

Additionally, the Social Security Administration also assesses a person’s capacity to comprehend, execute, and retain simple instructions, exercise judgment, respond correctly to supervision, colleagues, the public, and regular work scenarios, and adapt to changes in a routine work environment in order to determine the severity of the medical condition. 

The following are a few examples of serious medical conditions accepted by the Social Security Administration:

  • Heart disease
  • Cancer
  • Stroke
  • Diabetes
  • Autoimmune disorders, such as lupus or rheumatoid arthritis
  • Mental health conditions such as depression or anxiety disorders
  • Neurological disorders such as multiple sclerosis or Parkinson’s disease
  • Chronic obstructive pulmonary disease (COPD)

4. Employment History

When claiming survivor disability benefits as a surviving spouse or child, your job history is typically ignored.  

However, if you are filing as a surviving parent, you must have worked long enough to qualify for Social Security payments. The number of credits required to award benefits to survivors is determined by the worker’s age at the time of death. 

To be eligible for any Social Security benefit, you must have at least 40 credits, which is equivalent to ten years of employment. It means that the employee must earn up to 4 credits annually. 

However, the younger an individual is, the fewer credits they will have for family members to be eligible for survivor payments. 

For instance, in 2023, your spouse can receive one credit for every $1,640 salary or self-employed income. Your spouse will have earned their four credits for the year once they have earned $6,560.

Additionally, the Social Security Administration has the ability to provide benefits to your children and spouse who is responsible for taking care of your children under a specific provision, even if employment history does not meet the required amount of credits.

In this scenario, both the children and the spouse may qualify for benefits if the deceased individual has earned a minimum of six credits, which is equivalent to one and a half years of work within the three years leading up to their passing. 

Despite any limitations in the work credit accumulation, this provision ensures that the family members receive the required help while considering their circumstances.

Furthermore, if you are receiving retirement or disability benefits at the time of your death, your survivors will be reimbursed according to your existing entitlement. In such cases, the Social Security Administration does not need to evaluate the employment credits. 

It provides a quick procedure for identifying and distributing the necessary benefits to your survivors, with no further credit evaluations required.

Application Process for Survivor Disability Benefits

The application process for survivor disability benefits will require you to present some specific information. When applying for benefits, you will need to present the following information and documents:

  • Social Security numbers – You must submit both your own and the deceased’s Social Security number.
  • Death certificates – A copy of the worker’s death certificate as required as proof of death.
  • Relationship evidence – You must submit documentation proving your relationship to the deceased. It may include a marriage certificate or a birth certificate.
  • Birth certificate – Even if you are the spouse of the deceased, you must attach your birth certificate to prove your identity and age.
  • Medical evidence – Medical records and documents supporting your claim for survivor disability benefits must also be included.
  • Work information – Information regarding the worker’s employment history must also be included with the application.

There are numerous alternatives for starting the application process. You can apply for survivor disability benefits online at the Social Security Administration’s official website. You can also apply over a phone call by calling the office directly. Another method is to submit your application in person at your local Social Security office.

Death Benefits Paid by the Social Security Administration

The Social Security Administration pays death benefits to qualifying survivors. It may grant a one-time lump-sum death payment of $225 to the surviving spouse if they share a household with the deceased person. 

If they were living apart and the deceased earned certain Social Security benefits, they might be eligible for the lump-sum death payment. If there is no surviving spouse, the payment is made to a child who was identified as eligible for benefits on the deceased person’s record in the month of their death. 

It is important to note that the lump-sum payment does not tend to cover the entire cost of the funeral. Instead, it is a one-time payment intended to assist the surviving spouse or child with any emergency expenses. 

Consider talking to a financial counselor or contacting the Social Security Administration directly if you are unsure about your eligibility for survivor benefits or need assistance with your application.

Returning Month-Of-Death Payments

The Social Security Administration operates on an arrears basis, which means that the payment received in a particular month corresponds to the previous month. 

To illustrate, if a person receives a Social Security check in January, it is supposed to cover the entire month of December. If the individual dies in January, there is no need to repay the sum received during that month. 

It makes no difference when the money arrives, whether before or after the person’s death in January. Even if the individual died on January 1st, the payment received that month can be retained because it covers the previous month.

When an individual dies, Social Security stops paying benefits for the month in which the death happened. As a result, any subsequent month’s payments must be repaid to the Social Security Administration. This policy also applies to any additional payments. 

For example, if a person is due to receive a Social Security payment in February but dies in January, the payment cannot be kept because the death occurred in January, which is when the payments should cease. Regardless of the actual date of death within January, any cash received in February must be returned. 

Reporting a Death to the Social Security Administration

There is no online alternative for reporting a death to the Social Security Administration, nor do those in charge of reporting have to submit a special form. Death notifications must instead be made by telephone. A surviving family member of the recently deceased individual, their representative, or a third party must phone the Social Security office to notify the Social Security Administration of a death.

The sooner a person’s death is reported to the Social Security Administration, the better. Do not wait for the death certificate to notify the Social Security Administration. That death certificate must be submitted once it arrives, but the initial report of death must be made immediately.

Methods To Return Social Security Benefits

Unearned social security payments or direct deposits should be repaid in the same manner in which they were received. You will either have to go for the direct deposit option or use a paper check to refund the social security benefits received after the month in which a person died.

If the deceased person received Social Security direct deposits, contact their bank and inform them that all payments earned after the month of death must be refunded to the Social Security Administration. 

In the case of paper checks, do not deposit Social Security checks after the month of death. Return them to the Social Security office specified on the envelope or request a return address from your local Social Security office. 

Staying Up To Date on Requirements

It is important to stay informed about the procedures to follow when a Social Security payout arrives after the loss of a family member. It will help you plan better for the next protocols to follow. Recognizing your legal rights and duties as a survivor will help you collect benefits for funeral expenses as well as possible monthly benefits for which you may be eligible.

Conclusion

Understanding the eligibility criteria for survivor disability payments is critical for people who have lost a loved one and are suffering financial difficulties as a result of a disability. There are several different elements that determine the eligibility for survivor disability benefits. 

It includes the deceased worker’s relationship, age requirements, qualifying disability, and work history. Moreover, the application process and associated papers must also be detailed to assist those seeking these critical benefits. 

Furthermore, it is important to understand death benefits, the process of returning month-of-death payments, and the protocols for reporting a death to the Social Security Administration. Individuals can get the help they need during challenging times if they stay educated about these methods to avoid any legal or financial trouble in the future.

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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