Not affiliated with the US Social Security Administration

Benefits Payable To Survivors of Deceased Insured Worker

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

0400

400. Benefits Payable To Survivors of Deceased Insured Worker

400.1 What cash benefits are paid to you as a survivor of an insured worker?

When the insured worker dies, your cash benefits as an eligible survivor may be paid as follows:

  1. Monthly widow(er)'s insurance benefits (see §§401-409);

  2. Monthly surviving child's insurance benefits (see §§410-414);

  3. Monthly mother's or father's insurance benefits (see §§ 415-420);

  4. Monthly parent's insurance benefits (see §§421-427); and/or

  5. Lump-sum death payment (see §§428-433).

Your benefits rates are figured as a percentage of the deceased worker's primary insurance amount. (See §700.)

400.2 What conditions affect survivor benefits?

The following conditions may affect your benefits as a survivor of an insured worker:

  1. If the deceased worker was insured under the Railroad Retirement Act, your benefits may be payable under that Act rather than under the Social Security Act. (See Chapter 23.);

  2. If you or the insured worker was granted a tax exemption as a member of a religious group, whose members oppose insurance plans such as Social Security, you may not be eligible for survivor benefits. If you are eligible, your benefits may be smaller (See §1128.);

  3. If you were convicted of the felonious and intentional homicide of the worker, you cannot become entitled to monthly benefits or the lump-sum death payment payable on the deceased's Social Security earnings record. (See §1722.); and

  4. If you are a minor convicted of intentionally causing your parent's death, you may be denied survivor benefits on the earnings record of your parent.

(See §1837 and §1847 on how conviction by a court for an offense involving subversive activities and residence in a restricted country affect the payment of benefits.)

Last Revised: March, 2001


Sponsored Links


Sponsored Links

There are 13 Comments

Submitted by Guest (not verified) on Fri, 01/30/2009 - 18:29

my father died in 1995 at the time of his death i was 20yrs my sister was 19 and my brother 18yrs old. my mother was told by a friend that she had to be married to him in order to collect the survivors benefit for my siblings and I. were we eligible for the benefits and if so can we still claim the money even though its 13 years later? and who would be eligible for it?

Submitted by Guest (not verified) on Sun, 02/01/2009 - 13:41

My ex-husband (now deceased), worked for the Social Security Admin. for over 28 years. I was married to him for 26 years. He divorced me in 1976 and remarried 2years later. I attempted to draw on his pension after he passed away, and was advised that I was not eligible because his second wife was still living. I am now 77 years of age and would like to know if there is anyway I could check to see if his second wife is still living, and if I can somehow collect on his pension. I have never received a penny. Has this happened to anyone else?

Submitted by Guest (not verified) on Thu, 02/26/2009 - 18:24

I had a little girl with the deceased, he did not sign the birth certificate
Iam required to do a dna test for my daughter ,at the time of his death she was 5 mths. now she is 9mths. is she intitled back pay when she is found 99.9% the deceased?

Submitted by Site Admin on Thu, 02/26/2009 - 23:31

Please note that determining paternity alone may not lead to benefits. This is not a simple issue, but consider this ruling for reference :
http://www.ssa.gov/OP_Home/rulings/oasi/09/SSR89-09-oasi-09.html

The general criteria for entitlement to child's insurance benefits are
found under 42 U.S.C. § 402(d)(1). Section 402(d)(1) provides that every
"child" of an individual who dies fully or currently insured under the Act
is entitled to child's insurance benefits if the child has applied for
such benefits, is unmarried, under the age of 18, and was dependent upon
the insured individual at the time of the insured's dead. Id.

A child is deemed dependent if he was (1) living with or supported
by the wage earner at the time of his death, or (2) is the legitimate
child of the wage earner. 42 U.S.C. § 402(d)(3). If a child is

illegitimate, he may nonetheless be deemed legitimate for
purposes o the Act (and hence deemed dependent and thus entitled to
benefits) if he can [establish]:

Submitted by Guest (not verified) on Mon, 07/27/2009 - 13:38

MY HUSBAND IS 64 YRS. OLD. AND I AM 47 YRS. OLD.IF HE PASSED RIGHT NOW.WOULD BE ABLE TO DRAW HIS SOCIAL SECURITY BENEFITS

Submitted by Site Admin on Tue, 07/28/2009 - 00:52

You would be likely eligible to receive survivor benefits, but not until later. A widow or widower may be able to receive full benefits at age 65 if born before January 1, 1940. (The age to receive full benefits is gradually increasing to age 67 for widows and widowers born January 2, 1940, or later.) Reduced widow or widower benefits can be received as early as age 60. If a surviving spouse is disabled, benefits can begin as early as age 50. For more information on widows, widowers and other survivors, visit http://www.socialsecurity.gov/ww&os2.htm.

Submitted by Guest (not verified) on Tue, 04/20/2010 - 18:47

My husband passed away and I am receiving benefits for myself and my four children. I have custody of all my children but my oldest temporarily resides with his biological father. I have received a representative payee report(ssa-6230) and want to know that if I answer to reflect this will it cut my benefit in any way? please help

Submitted by Guest (not verified) on Sun, 05/16/2010 - 10:23

AND MY MOTHER DIED 9 YEARS AGO ASLO I AM 17 YEARS OLD WILL I BE ABLE TO RECEIVE THE BENEFITS MY DAD USE TO GET ?

Submitted by Guest (not verified) on Wed, 07/07/2010 - 10:17

MY BABY'S FATHER DIED WHEN HE WAS 4 YEARS OLD, BUT OVERSEAS MEANS IN HAITI, I REQUESTED SOME HELP FROM DCF, THEY DENIED MY HELP, AFTER I EXPLAINED TO THEM MY CASE, THEY HAVE TELLING ME THAT I CAN APPLY FOR SURVIVORS BENEFITS , HOW CAN U HELP PLEASE ? WHAT SHOULD I DO TO HAVE SOME BENEFITS, MY SON IS NOW 19 YEARS OLD.

FOR ANY QUESTION I CAN BE REACHED AT:leo...2@hotmail.com OR 954-2..-...


Sponsored Links

Not affiliated with the US Social Security Administration