Losing a spouse is one of the most difficult experiences in life, and the financial implications can add even more stress. If your spouse worked and paid into Social Security, you are probably eligible to receive survivor benefits. Understanding your rights and options can help you secure the financial support you need.
At The GCC Law Firm, we have extensive experience helping widows and widowers obtain the survivor benefits to which they were entitled. If your spouse passed away after working and contributing to Social Security for years, contact our office today for help receiving the Social Security disability benefits you deserve.
Who Is Eligible for Survivor Benefits?
If your spouse paid into Social Security, you need to find out if you qualify for disability benefits. Both widows and widowers have the right to claim benefits based on their deceased spouse’s earnings. However, you must meet certain requirements:
- Age and Marital Status: You can receive full benefits at your full retirement age, which depends on your birth year. You could receive reduced benefits as early as age 60. If you are disabled, you may qualify to receive benefits as early as age 50. If you are caring for a child under 16 or a disabled child of the deceased, you can qualify for benefits at any age.
- Length of Marriage: In most cases, your marriage must have lasted at least nine months before your spouse passed away. There are exceptions that apply in cases of accidental death or when your spouse died while in active military service.
- Remarriage Considerations: If you remarry before age 60 (or 50 if disabled), you may not be eligible for survivor benefits. However, if you wait to remarry after you reach these ages, you can still collect benefits.
How Much Can You Receive in Survivor Benefits?
The amount of survivor benefits you receive depends on your spouse’s work record and when you begin collecting:
- If you wait until full retirement age, you can receive 100% of your spouse’s benefit amount.
- But if you claim benefits between age 60 and full retirement age, the amount is reduced, ranging from 71.5% to 99%.
- If you are disabled and start receiving benefits at age 50, you may receive 71.5% of your spouse’s benefit.
- If you are caring for a child under 16 or a disabled child, you may receive 75% of your spouse’s benefit.
You may have worked and contributed to your own Social Security as well. If you qualify for benefits based on your own work record, you will receive the higher of the two amounts—but not both.
How to Apply for Survivor Benefits?
Applying for survivor benefits requires several items of specific documentation. The process involves the following steps:
- Prepare to contact the SSA or an Experienced Disability Law Firm: It is best to apply as soon as possible after your spouse’s death to avoid delays. While no attorney is required to apply, working with an experienced Social Security attorney reduces errors and ensures you receive the maximum benefit to which you are entitled.
- Gather Required Documents: You will need:
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- Proof of death (typically from a funeral home)
- Your birth certificate
- Your marriage certificate
- Your spouse’s W-2 forms or tax returns
- Submit Your Application: You can apply by calling the SSA or visiting your local Social Security office. When cooperating with an experienced Social Security benefits lawyer, the chances of avoidable delays are reduced.
What Special Circumstances That May Affect Benefits?
- Divorced Spouses: If your marriage lasted at least 10 years and you meet other eligibility requirements, you may still qualify for survivor benefits even if you were divorced when your ex-spouse passed away.
- Dependent Parents: If you are 62 or older and financially dependent on your deceased child, you may qualify for benefits.
- Earnings Limitations: If you are still working and have not yet reached your full retirement age, your benefits may be reduced based on your income.
Common Questions About Survivor Benefits
1). Can You Switch From Your Own Retirement Benefits To Survivor Benefits?
Yes. If your survivor benefit is higher than your own retirement benefit, you can switch to survivor benefits to receive the higher amount.
2). What Happens If You Delay Taking Survivor Benefits?
Delaying benefits can increase your monthly payment, but the benefits do not increase once you reach full retirement age.
3). Are Survivor Benefits Taxable?
Depending on your overall income, a portion of your survivor benefits can be subject to federal taxes. Discuss the details of your individual situation with one of our attorneys at The GCC Law Firm or consult with a tax professional to find out how this applies to you.
Maximizing Your Survivor Benefits
To ensure you get the highest possible benefit amount, consider these strategies:
- Understand your options: Survivor benefits are separate from your own Social Security retirement benefits, so compare which one provides a better financial outcome for you. This analysis can include considering your other income, your health, and the possible strategies available to you.
- Wait until full retirement age if possible: If you can afford to wait, you may receive a larger monthly payment. Whether you wait or claim benefits at an earlier date depends largely on your individual financial situation. Our highly trained staff at The GCC Law Firm can help you decide which strategy will best meet your needs and maximize your benefits.
- Consider your earnings: If you are still working, understand how your income may reduce your benefits.
- Reassess over time: Your financial situation may change from year to year, so periodically review your benefits to determine if adjustments should be made.
Contact the GCC Law Firm to Discuss Your Situation
Understanding when and how to claim Social Security survivor benefits can help you make informed financial decisions. The experienced Social Security law attorneys at The GCC Law Firm helps ensure that widows and widowers receive the financial support they deserve. If you need assistance understanding your eligibility and maximizing your benefits, The GCC Law Firm is here to help. Contact us to discuss your specific situation and ensure you receive the benefits you are entitled to.