Social Security Part 3 - Makofsky Valente Law Group, P.C.

Who Can Collect the Benefits of a Deceased Wage Earner?

In Part 1 of our Social Security series we discussed what age may be best to start collecting benefits. In Part 2 we examined who, besides the wage earner, can collect the wage earner’s Social Security benefits. In this installment we look at who may be entitled to the wage earner’s benefits after the wage earner dies.

The wage earner has died. Who else might be entitled to Social Security benefits?

Surviving Spouse: The couple must have been married for at least nine months prior to the death of the wage earner, but there are exceptions if the death was accidental or unexpected, or if the wage earner and spouse were parents of a child under the age of 18. If the surviving spouse is over the age of 65, he/she is entitled to 100% of the wage earner’s benefits. If the spouse is between 60 and 65 the benefit level will range between 71.5% and 82.5% depending on the age of the spouse.

Divorced Surviving Spouse: A divorced surviving spouse who was validly married to the wage earner for 10 years or more, and is 60 years old or older, and unmarried, is entitled to 50% of the deceased wage earner’s benefits. A disabled divorced surviving spouse between the ages of 50 and 60 who meets disability-related requirements will also qualify for benefits.

Surviving Parent: If the surviving spouse or surviving divorced spouse is under the age of 60 and ineligible for benefits, the surviving parent of the deceased wage earner may be eligible. The conditions are the same as they would be if the wage earner were still alive. (See Part 2 of the series).

Surviving Child: An unmarried, dependent child of a wage earner who is deceased may be eligible for benefits equal to 75% of the wage earner’s benefits. (The child must be under 18, or under 19 if a full time student.)

Surviving Step Child: The wage earner must have provided half of the step child’s support, and they must have lived together for at least a year. The step child is eligible for 75% of the step parent’s benefit.

Surviving Grandchild: If the grandchild’s own parents are deceased or disabled, and the wage earner grandparent had provided at least half the support for the grandchild for at least a year, then the grandchild is entitled to 50% of the grandparent’s benefit level.

We hope you found this information useful! As caring and knowledgeable elder law attorneys, helping you understand your options for what your future will look like is important to us. If we can be of assistance to you, please reach out. We are only a phone call or e-mail away.
The information provided herein does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available here are for general informational purposes only.
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