Social Security Disability and Survivor Benefits

Social Security Disability Insurance (SSDI) is a federal program that provides monthly payments to disabled workers. When an employee pays Social Security taxes, they earn credits toward Social Security benefits. If they are injured and unable to work, they can receive SSDI. This program is crucial for many American families to survive. But what happens to the SSDI funds if the disabled recipient passes away? Often, survivors of a recipient of SSDI are greatly dependent on those funds. Financial stress, on top of the devastation of losing a loved one, is not something anyone should have to go through. Fortunately, SSDI benefits are available to certain family members after the recipient dies.

Who is eligible for survivor benefits?

Surviving spouse

The surviving spouse may be eligible to receive survivor benefits at their full retirement age if:

• Were married for at least 9 months before their spouse’s death.
• Didn’t remarry before age 60 (age 50 if they have a disability).
• Are the legal guardian of the deceased recipient’s child under the age of 16.

Currently, the full retirement benefit age is 66 years and 2 months for people born before 1955, and it will gradually rise to 67 for those born in 1960 or later. Early retirement benefits will continue to be available at age 62, but they will be reduced more.

Unmarried children

Children of deceased recipients who died may be eligible if they’re unmarried and are:

• Age 17 and younger, or
• Ages 18–19 and in school (K–12) full time, or
• Any age if they developed a disability at age 21 or younger.

Under certain circumstances, married children, stepchildren, adopted children, grandchildren, and stepgrandchildren may receive benefits.

Dependent parents

Surviving parents may be eligible if they are 62 or older and have received at least half of their financial support from the deceased worker.

Divorced spouse

The former spouse may receive survivor benefits if they are 60 or older (or as early as age 50 if they are disabled) providing the marriage lasted 10 years. The ex-spouse does not have to meet the age or length of marriage requirements if they are the legal guardian of the child of the deceased worker (who is 16 or younger).

What is the amount of the benefits?

The amount of survivor benefits varies depending on the deceased worker’s lifetime earnings. In MOST cases:

Spouses & Ex Spouses

Payments start at 71.5% of your spouse’s benefit and increase the longer you wait to apply.

For example, they might get:

• Over 75% at age 61.
• Over 80% at age 63.
• Over 90% at age 65.

They can get up to 100% when they reach full retirement age for survivor benefits.

Children

Children generally get 75% of the parent’s benefit. However, there’s a limit to how much a family can receive, called the “family maximum.” Everyone’s payments can be lowered to stay under this limit. Ex-spouses don’t count toward the family maximum.

Lump-sum death payment

Spouses or some minor children could also get a one-time death benefit of $255.

If you are a survivor or a worker who was receiving Social Security Disability Insurance, it is best to contact an experienced Personal Injury Attorney. Dealing with the Social Security Administration after losing a loved one can be complex, exhausting, and confusing. At Casper & Casper, we have helped countless families secure the benefits they are entitled to during challenging times. Give us a call today for a free consultation—one of our seasoned attorneys looks forward to serving you!