Serving Orange County, L.A. County and the Inland Empire. Conveniently located in Anaheim.
The Law Offices of Martin Taller
Call to speak to us now: 714-450-6689
Free consultations. Se Habla Español
Call to speak to us now
Free consultations. Se Habla Español

What are survivor's benefits?

The death of a spouse can be emotionally devastating, but when the person was the main source of income in the family it can also be financially devastating as well. When the decedent was disabled and receiving Social Security Disability benefits, their death means uncertainty for the surviving spouse as they try to figure out if the benefits they were relying on will continue to be paid to them by the Social Security Administration. For the approximately five million widows and widowers receiving SSD benefits on their spouse's earning record, these monthly checks are probably the tool keeping them out of poverty.

A widow or widower can receive SSD benefits as early as age 60 if they want to receive reduced benefits, or if they wait until full retirement age they can receive full benefits. If they are disabled and the disability began within seven years of the decedent's death, they could begin receiving benefits as early as 50 years of age. However, there are certain things California residents should keep in mind when survivor's benefits are concerned.

First, if the surviving spouse remarries before they turn 60-years-old, it could end up affecting their eligibility to receive SSD. Remarriage after the age of 60, or 50 if the surviving spouse is disabled, will have no effect on benefits. Secondly, the Social Security Administration will not pay any benefits in the month the recipient dies-if the check is mailed out already it must be returned as the survivor's eligibility is determined. If eligibility is found, then the payments will be transferred from the recipient to the widow/widower.

There are certain documents required to begin receiving SSD benefits on a spouse's earning record, and it is essential to ensure the paperwork is completed as soon as possible so the SSA can begin making payments quickly. When people are grieving in this emotionally difficult period, it might be beneficial to consult an experienced attorney for guidance on how to proceed with demonstrating eligibility.

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The Law Offices Of Martin Taller

2300 E. Katella Ave. Suite 440
Anaheim, CA 92806

Toll Free: 800-304-4404
Phone: 714-450-6689
Fax: 714-385-8123
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Our office is located close to major freeways and is near the Anaheim train station.

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