Survivor benefits are monthly Social Security payments that surviving spouses can receive if their deceased husband or wife received Social Security benefits before they died. These payments can provide widows and widowers with much-needed financial support while they grieve.
However, the Social Security disability system can be complex and difficult to navigate, and claimants sometimes get denied the full benefits they deserve. If you lost your loved one, a Michigan survivor benefits lawyer with Disability Law Group can guide you through the application process and help you avoid common mistakes that could lead to payment delays or denials.
Contact us today for a free consultation to learn more about how we can assist you.
Who Qualifies for Survivor Benefits?
Losing a loved one is devastating. It can be even more difficult if you relied on the deceased’s financial support. Fortunately, if your loved one paid Social Security taxes and earned Social Security benefits, you may qualify to receive monthly payments after their death.
According to the United States Social Security Administration (SSA), the following individuals may be entitled to survivor benefits:
Spouses and Ex-Spouses
You can apply for survivor benefits for widows and widowers if:
- You are age 60 or older (age 50 to 59 if you have a disability), and
- You were married to your spouse for at least nine months prior to their death, and
- You did not remarry before age 60 (age 50 if you have a disability).
Ex-spouses can receive widower or widow survivor benefits if they were married to the deceased for at least 10 years. In addition, some valid non-marital relationships may qualify for payments. If you care for a minor child of the deceased, you may be eligible regardless of your age or the length of your marriage. We can review your claim and tell you more.
Children
If you are an unmarried child of the deceased, you may receive survivor benefits if:
- You are age 17 or younger, or
- You are age 18 to 19 and enrolled full-time in school (K-12), or
- You developed a disability at age 21 or younger.
Under certain circumstances, the SSA may pay benefits to married children, stepchildren and adopted children, grandchildren, and step-grandchildren.
Dependent Parents
Parents age 62 or older who were financially supported by their deceased child may qualify.
Types of Widow or Widower SSD Benefits
Survivor benefits are available to spouses whose deceased husband or wife qualified for Social Security Disability Insurance (SSDI) or Social Security retirement benefits. Widows and widowers cannot receive a deceased spouse’s Supplemental Security Income (SSI).
Survivor widow Social Security benefits include a one-time, lump-sum payment of $255 and ongoing monthly payments. Monthly payments depend on your deceased spouse’s Social Security contributions before death. The more money paid into the system, the higher your benefit will be.
In addition, your age will affect your payments. According to the SSA, you may get 100 percent of the benefit when you reach full retirement age (66 for people born between 1945 and 1956, gradually increasing to age 67 for people born after 1962). Before full retirement age, you can receive 71.5 percent of the benefit or more, with your payments increasing as you reach age 66 or 67.
If you currently work or receive Social Security based on your work, you can still get survivor benefits. Our law firm can tell you how receiving benefits from multiple sources may affect you. We can help you pursue the maximum monthly payments possible.
Guiding Widows and Widowers Through Obtaining Social Security Survivor’s Benefits
If you already receive Social Security spouse’s benefits based on your spouse’s work, the SSA will automatically convert payments to survivor benefits once you report the death. If you do not already receive payments, you must promptly apply for widow or widower’s benefits.
You can apply over the phone by calling the SSA at 1-800-772-1213 (TTY 1-800-325-0778) or by visiting your local Social Security office. You will need to supply the following information with your application:
- A death certificate or proof of death from a funeral home
- Your Social Security number and your spouse’s Social Security number
- Your birth certificate
- Your marriage certificate
- Divorce papers (if you are an ex-spouse)
- Dependent children’s Social Security numbers and birth certificates (if applicable)
- Your spouse’s W-2 or federal self-employment tax return from the most recent year
- Banking information so your benefits can be deposited
Important Deadlines for Seeking Benefits
The SSA has a strict deadline for seeking survivor benefits. You must apply within two years of your spouse’s death. You will not get a one-time, lump-sum payment if you do not adhere to this time limit. It may also cause the SSA to deny your monthly benefits.
How Our Law Firm Can Help Maximize Widow and Widower Social Security Benefits
Applying for Social Security benefits can be a daunting process that requires filling out multiple forms and tracking down various supporting documents. Handling a claim can be overwhelming in the best of times. While mourning a loved one, it can seem impossible.
Our survivor benefits lawyers can do the work for you so you can focus on healing from your loss. Our experienced legal team can prepare and file your application and gather and submit other necessary forms and paperwork. We can also fight back against Social Security survivor benefits denials or underpaid claims. We work tirelessly to seek the maximum widow or widower benefit possible for you.
Get Help from Our Michigan Social Security Attorneys
The Social Security Disability attorneys at Disability Law Group have decades of combined legal experience. Our compassionate and skilled survivor benefits attorneys can walk you step-by-step through the Social Security application process and relentlessly pursue the benefits you are due. Our firm focuses solely on disability benefits cases and championing the rights of those in need. Our attorneys have received numerous awards and recognition for their results, client advocacy, and dedication to the practice of law, including being listed among Crain’s Detroit Notable Women in the Law and in the prestigious Oakland Together 40 Under 40 Awards. Notably, we have received Avvo’s Client Choice Award for eight consecutive years, demonstrating our commitment to client satisfaction.
You can speak to our team risk-free with a no-cost consultation. We do not charge Social Security applicants legal fees upfront or out-of-pocket. You owe us only if and when we obtain benefits for you.
Contact us today to connect with a lawyer near you.
