Widow Benefits Law: Social Security Survivor Benefits

The benefits that may be available to you as a widow or widower depend on many factors, including what types of benefits your deceased spouse was entitled to. For example, you may be able to receive the following benefits:

• Social Security Survivor Benefits
• Benefits from the Veterans’ Administration (VA), such as Aid and Attendance benefits
• Pension funds from your spouse’s former employer
• Workers’ compensation death benefits if your spouse died in a work-related incident

Many of these options, such as VA benefits or pension benefits or workers’ comp benefits, apply only to a limited number of widows or widowers whose partners worked for companies that offered them or who had a history of military service or suffered a work-related death. If you believe you may be entitled to any of these benefits, you should talk with an experienced widow benefits law attorney for specialized help.

Social Security survivor benefits, however, are broadly available to a great number of widows and widowers, so you take the time to understand how these federal benefits work and get the help to qualify you need from an attorney if you aren’t sure how to do it on your own.

Social Security Survivor benefits are offered by the Social Security Administration. They are intended to provide financial support for surviving spouses and children when a spouse or parent passes away.

You cannot apply for these benefits online, but you can report a death and initiate the process of requesting benefits by contacting Social Security at 1-800-772-1213.

You may be eligible to obtain these widows benefits instead of your own Social Security benefits that are based on your work history. However, you cannot double dip and get both your own benefits and survivor benefits at the same time. Be sure to develop a smart strategy for maximizing the total income Social Security makes available to you. A widow benefits law expert can help.

There are two key factors that will determine if Social Security widow benefits are available. The first relates to whether your deceased family member earned enough to qualify for survivor benefits. And the second relates to your specific relationship with the decease

Did Your Deceased Spouse Earn Enough Work Credits?

Most Social Security benefits are earned benefits, which means they become available based on the work history of someone who works and pays Social Security taxes on their earnings. You become eligible for widow or widower benefits based not on whether you worked enough to qualify for them but on whether your deceased loved one did.

The specific number of work credits a deceased person must have earned before surviving family members become eligible for survivor benefits varies depending on the person’s age at the time of death. The maximum number of credits that could be required is 40 (equal to 10 years of work), while the minimum may be as little as six credits (1.5 years of work) in three years before the worker’s death.

Up to four work credits per year can be earned. And the amount necessary to earn them changes each year. In 2023, one credit is earned for each $1,640 in wages earned, so a person who earns at least $6,560 this year would max out their credits.

Are You a Qualifying Family Member?

Survivor benefits are not just available to widows; they could be available to others as well. Specifically, you may be eligible for survivor benefits in the following circumstances:

• If you are 60 or older and are a surviving spouse of a deceased person who earned a sufficient number of work credits
• If you are 50 or over and a surviving spouse of a disabled person
• If you are a surviving spouse at any age and you’re caring for a child of the deceased person if the child is under 16 or is disabled and receiving child’s benefits
• If you are an unmarried child of the deceased who is under age 18 or under age 19 and attending elementary or secondary school full-time
• If you are an unmarried child of the deceased who is 18 or over and who has a disability that began prior to age 22
• If you are a parent, aged 62 or over, of the deceased person who was dependent on the deceased individual for at least half of your support
• If you are a stepchild, grandchild, step grandchild or adopted child of the deceased who meets other qualifying requirements
• If you are divorced from the deceased person after at least 10 years of marriage and you meet the other qualifying requirements

If you fit into one of these categories, survivor benefits could begin as early as the month that the deceased person passed away.

The amount of Social Security survivor benefits vary depending on many factors, including the earnings of the deceased person, widow benefits law and when you claim these benefits. Here’s how much you could potentially receive in survivor benefits:

• 100% of the deceased worker’s benefit amount for surviving spouses who have reached their full retirement age
• Between 71.5% and 99% of the deceased worker’s basic benefit amount if you are a surviving spouse who claims benefits between age 60 and full retirement age
• 71.5% of the deceased worker’s basic benefit if you are a surviving spouse with a disability and you are between 50 and 59
• 75% of the deceased workers’ benefit amount if you are a surviving spouse at any age who is caring for a child of the deceased who is under age 16
• 75% of the deceased worker’s benefit amount if you are an under age 18 (19 if still in secondary school) qualifying child of the deceased
• 82.5% of the deceased worker’s benefit amount if you are a dependent parent of the deceased and the sole surviving parent or 75% per parent if there are two surviving dependent parents

There is a maximum limit if multiple family members receive survivor benefits. The maximum is typically between 150% and 180% of the deceased person’s basic benefit, depending on the circumstances.

Lump Sum Death Benefit

In addition to monthly survivor benefits, a surviving spouse or child of the deceased person may be entitled to a lump sum death benefit of $255 if they meet specific requirements including already receiving benefits on the work record of the deceased at the time of death.

If you remarry while you are receiving survivor benefits, you may lose eligibility for them. This can happen if you get married again prior to age 60, or prior to age 50 if you are disabled.

“Survivor benefits” and “widow benefits” are both terms used for the same Social Security benefits paid to the surviving spouse and dependents after a person’s death. Survivor benefits is the official term used by the Social Security Administration to account for all eligible individuals, including others besides the widow or widower of the deceased.

Survivor benefits may be available for various close relatives or dependents, including the surviving spouse, dependent children and dependent parents. Sometimes, a divorced spouse may also qualify for widow or widower benefits.

To apply for Social Security widow or widower benefits, you may need to gather various documents, such as the deceased’s death certificate, birth certificate and proof of citizenship or lawful alien status.

You can apply for benefits by visiting your local Social Security office in person or calling the national toll-free number: 1-800-772-1213 (TTY 1-800-325-0778). While an appointment is not required, scheduling one beforehand may reduce wait times.

Widow benefits law can be complicated, so if you are not sure what benefits you are entitled to or how to claim them, you should get help from an experienced attorney. You don’t want to leave money on the table you need to support your family when a loved one has passed on.