Personal Injury and Social Security Disability Attorneys

Death of a loved one is always a loss.  It is equally a loss for a family member and an income the loved one used to bring to pay the family bills.  Unfortunately, after death, it now becomes a burden for the survivors to pay for their own life expenses and of their dependent children and parents.  The financial need may be especially acute if the survivors are disabled or their earnings depended on the deceased’s support.


If the deceased used to pay Social Security taxes, Social Security can still pay spousal Social Security benefits after death and other Social Security benefits after death to dependents. The amount the survivors and their dependents may receive is a certain percentage of the deceased’s eligible Social Security benefit. The percentage depends on a deceased’s credits the deceased earned to be eligible for Social Security benefits, marital status and number of dependents in custody of a surviving spouse. Social Security benefits children of custodial age, a surviving spouse, widow or widower, and the deceased’s dependent parents.


Adopted and own children can claim Social Security after the provider’s death.


A surviving child of a deceased worker can receive Social Security benefits for children if the child is unmarried, under 18 or under 19 and still in elementary school or secondary school as a full-time student. Social Security also pays survivors’ benefits if a child is severely disabled and under 22. Parents can also receive benefits on the child’s earnings if at least half of their support depended on the child’s financial support.


A widow or a widower can receive Social Security benefits after the death of a spouse.


Social security pays Social Security benefits to a widow or a widow who is at least 60 years old or at least 50 and disabled. There is no age restriction on receiving Social Security benefit if the widow or widower cares for a deceased’s child who is younger than 16 or disabled.


Ex-spouses can receive Social Security benefits based on the deceased’s Social Security benefits earnings.


To receive deceased’s benefits, the divorced spouse must be unmarried, at least 60 years old (or 50 if disabled), and have marriage record with the spouse for at least 10 years, or at any age if he or she cares for a child eligible for Social Security benefits. The ex-spouse must also be unmarried, unless the ex-spouse remarried after age 60 (or 50 if disabled). The benefits the ex-spouse receives are restricted to no more than the amount of benefit based on her or his work, but do not affect other benefit rates for other beneficiaries.


Parents may also be eligible for Social Security after death of their child.


Social Security does not leave out dependent parents of the deceased one, but there are still certain criteria that must be met. Parents of the deceased one must be at least 62. In addition, prior to the death of the provider, the parents should have been depended on at least half the deceased’s support.


When the provider dies, Social Security pays a lump-sum of $255 to an eligible surviving spouse or an eligible surviving child. No matter how much the Social Security pays to survivors, it is the money that the deceased meant to receive or pass to survivors after his or her death. It is the benefit that meant to be earned to support the family after the difficult time of loss of the member of the family.