It’s a basic need – the desire for our families to live well even after we are gone. Someone on fixed government benefits may be especially concerned. Social Security Disability Insurance does provide for spouses and children of a recipient who passes away.
Basic Survivor Benefits
The number of work credits needed depends on how old you were at death. Younger people can qualify with fewer credits than older people. Even so, no one needs more than 40 credits to qualify for any Social Security benefit.
Exceptions can be made. Benefits can be paid to your surviving spouse and children even if you don’t have the number of work credits ordinarily required. For example, your survivors could receive benefits if you have earned six credits in the three years before you pass away.
Benefits paid to your survivors is usually based on what you were receiving before you passed away. However, this can change.
Widows and widowers can receive benefits based on their spouse’s earnings. Reduced benefits can start as early as age 50 if your spouse is disable and meets other criteria. Your spouse can remarry without affecting their disability benefits.
Your Divorced Spouse
As long as you were married at least 10 years, your ex-spouse can receive the same benefits as if you were still married. In fact,
Social Security benefits can pay out for your unmarried children after your death. They must be under age 18 unless they are attending elementary or secondary school full time. Any child who was disabled before age 22 and is still disabled. In some cases, stepchildren, grandchildren, step-grandchildren and adopted children can receive benefits.
Sometimes a Social Security recipient has been providing support to parents. It is possible for parents to receive assistance based on your benefits. It depends on whether you have been providing at least half of their support. Other criteria will be considered also.
Sound Complicated? It Is, but We Can Help.
The application process can be long and frustrating, so you need someone on your side. The attorneys at The Law Offices of Martin Taller have more than 50 years’ experience. For a free consultation, call us at 714-385-8100 or use our convenient Contact Form. Though our office is located in Anaheim, we assist clients throughout Southern California.