|
|
Staff Access
Basic Needs
Public Benefits/Cash Assistance
Social Security Survivors Benefits
Overview
- As one works and pays Social Security taxes, one earns credits toward Social Security benefits. The number of years of work needed for one's family to be eligible for Social Security survivors benefits depends on the workers's age at death.
- Work Credits - As workers pay into the Social Security system they earn work credits. The younger the worker is, the fewer years of work are required. But no one needs more than 10 years of covered work to be eligible. Under a special rule, if one has worked for only one and one-half years in the three years just before death, benefits can be paid to the children and the spouse who is caring for the children.
Who Can Receive Benefits?
- Certain family members may be eligible to receive monthly benefits, including:
- Same-sex partners who were unable to be married due to discriminatory laws - see note.
- A widow or widower age 60 or older (age 50 or older if disabled);>
- A widow or widower at any age who is caring for the deceased's child who is under age 16 or disabled;
- An unmarried child of the deceased who is:
- Younger than age 18 (or up to age 19 if he or she is a full-time student in an elementary or secondary school); or
- Age 18 or older with a disability that began before age 22;
- A stepchild, grandchild, stepgrandchild or adopted child under certain circumstances;
- Parents, age 62 or older, who were dependent on the deceased for at least half of their support; and
- A surviving divorced spouse, under certain circumstances.
- The marriage must have lasted 10 years or more (or less than 10 years if you are caring for a child under age 16 or disabled who is getting benefits on the record of your former spouse).
- However, if you remarry before the age of 60, you cannot collect survivors benefits (unless the later marriage ends for any reason).
- If you remarry after age 60, you can still receive survivors benefits based on your former spouse’s record. However, if your new spouse is also collecting Social Security benefits and you would receive a higher amount based on the new spouse’s work record, you will receive the higher amount.
Same-sex partners who were unable to be married due to discriminatory laws may be eligible for survivors benefits: due to recent court victories, people who were previously denied benefits or who never applied should now contact Social Security to ask to reopen their denied claim or to apply for benefits. Although the cases are being appealed, the Social Security Administration is accepting claims for benefits even while the cases are on appeal.
The lawsuits, Ely v. Saul and Thornton v. Commissioner of Social Security, affect two groups:
- Individuals who would have been married to their same-sex partner for at least nine months before their death but were never able to marry because of discriminatory marriage laws where they lived, and
- Individuals who married their same-sex spouse but were unable to be married for at least nine months before their spouse’s death because of discriminatory marriage laws where they lived.
Individuals may not know that they could now qualify for survivors’ benefits because they have not received a notice from Social Security, they never applied before because they assumed they were not eligible, or they were not old enough to qualify for benefits before.
Lambda Legal, which fought and won the cases, has FAQs that advocates can check to see if clients may be a member of the Thornton or the Ely case. Advocates can also contact Lambda Legal’s Help Desk. (4/21)
How Much Will Survivors Receive?
How much a family would receive in benefits depends on the worker's average lifetime earnings. The higher the earnings were, the higher their benefits would be. Social Security calculates a basic amount as if the worker had reached full retirement age at the time of death.
Note: If the worker was already receiving reduced benefits, survivor benefits are based on that amount.
These are examples of monthly benefit payments:
- Widow or widower, full retirement age or older --100 percent of benefit amount;
- Widow or widower, age 60 to full retirement age -- 71½ to 99 percent of basic amount;
- Disabled widow or widower, age 50 through 59 -- 71½ percent;
- Widow or widower, any age, caring for a child under age 16 -- 75 percent.
- A child under age 18 (19 if still in elementary or secondary school) or disabled -- 75 percent.
- Your dependent parent(s), age 62 or older:
- One surviving parent -- 82½ percent.
- Two surviving parents -- 75 percent to each parent.
Percentages for a surviving divorced spouse, if eligible, would be the same as above.
Note: Widows/widowers entitled to receive survivor benefits and their own benefits usually are not informed of an option to claim a larger benefit. For more information, see Social Security Underpays...- MGH Community News, March 2018.
Maximum Family Amount
There's a limit to the amount that family members can receive each month. The limit varies, but it is generally equal to about 150 to 180 percent of the basic benefit rate.
If the sum of the benefits payable to family members is greater than this limit, the benefits will be reduced proportionately. (Any benefits paid to a surviving divorced spouse based on disability or age won't count toward this maximum amount.)
To Apply
Apply for survivor benefits promptly because, in some cases, benefits may not be retroactive.
For More Information
|
