Published on: January 7, 2025
There is perhaps no situation more difficult in life than losing a loved one. If you find yourself in this situation, you need and deserve time to grieve your loss, cherish your loved one’s memory, and think through the details of how to best move forward toward the next chapter. The last thing you need at this time is to feel extra stress about complicated legal matters. You don’t need to worry and wonder about how you’ll continue to provide for yourself and those you love after a loss.
If your spouse received Social Security retirement or disability benefits, you may wonder if you are entitled to continue receiving those benefits after their death. Let’s look at the law together.
What Are Survivor’s Benefits?
Generally, benefits that a surviving spouse (or other eligible dependent) receives following the death of a Social Security recipient are known as “survivor’s benefits.” Regardless of whether the deceased spouse received disability or retirement benefits from the Social Security Administration, the surviving spouse may be eligible for continued receipt of those benefits, depending upon the circumstances involved.
Social Security Disability Benefits
As many may know, the Social Security Administration offers two types of disability benefits depending upon the circumstances involved. These include Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.
Unfortunately, those who have a spouse who is receiving SSI benefits will not continue to receive those benefits after the spouse passes away. Generally, however, a surviving spouse or other eligible dependents may continue receiving SSDI benefits after a spouse passes away. This is because when people work and pay into the Social Security system, some of those funds are expressly reserved for survivor’s benefits.
In some cases, both spouses in a marriage are disabled, and both receive disability benefits from the Social Security Administration. In those cases, the spouse who received SSDI based upon their own disability could still apply for survivor's benefits. As part of processing the application, the Social Security Administration will assess whether or not the benefit amount would be higher for a widow or widower and will adjust accordingly.
Social Security Retirement Benefits
As with disability benefits, as a general rule, spouses of those who were receiving retirement benefits will be eligible for survivor’s benefits following that spouse’s death. In most cases, a widow or widower will qualify for survivor's benefits if he or she is at least 60 years of age and was married to the deceased spouse for at least nine months before his or her death.
There are some exceptions to this general rule, however. These include:
- If the late spouse's death was accidental or occurred during the course of military duty, there is no length-of-marriage requirement.
- Those who are at least 50 years of age and are disabled may apply for survivor’s benefits if the disability occurred within seven years of the spouse’s death.
- If the surviving spouse is caring for children from the marriage who are either under 16 or disabled, the spouse can apply for survivor’s benefits at any age.
Typically, the surviving spouse will be able to collect 100 percent of the late spouse’s benefit if the surviving spouse has reached full retirement age. However, if the surviving spouse has not reached full retirement age, those benefits may be lower if claimed early. It is also important to remember that the full retirement age for receiving survivor benefits differs from that for retirement and spousal benefits. For those born in 1958 or before, it is 66 and 4 months, gradually increasing to 67 years of age over the next several years.
Important Steps to Take
If your spouse has passed away, it is essential to notify the Social Security Administration as soon as possible. In many cases, the funeral home may do this – all that is required is to provide the spouse's Social Security number and ask them to make the report. In certain circumstances, there may also be a lump-sum death payment available.
Understandably, all of these matters may seem complicated and confusing. That's understandable. The good news, though, is that you have somewhere to turn for answers. At Disability Experts, we're here for you.
Disability Experts – Here For You
At Disability Experts, we understand that Social Security benefits can be tremendously important to those who are dealing with very difficult situations. We know that these benefits can be the difference between struggle and stability for many people. That’s why we’re passionate about doing all we can to help. We know and understand every aspect of the law pertaining to Social Security benefits, and we’ll always pursue the best legal strategies on your behalf. You deserve nothing less. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.
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