Health & Benefits

Social Security survivor benefits are monthly payments that a person (the “survivor”) may obtain from the Social Security Administration (SSA) after a family member (the “deceased”) who worked and paid into Social Security dies. 

In order to receive those benefits, the deceased family member must have worked enough years and paid Social Security taxes. The SSA uses a special formula to decide if the deceased relative earned enough “credits” to qualify.

A person could qualify for survivor benefits if they are:

• A spouse (wife or husband) or former spouse of the deceased;
• A child of the deceased, or
• A dependent parent of the deceased, if the survivor is at least 62 years old and financially supported by the deceased.

Yes. A spouse may qualify for survivor benefits if they were legally married to the deceased for at least nine months before the other spouse died. This includes same-sex marriages and civil unions. A surviving spouse may be eligible for benefits even if they are not yet retirement age, depending on other factors. They may qualify if they are:

• 60 years old or older, or
• 50 - 59 years old and have a disability. A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning.

In addition, the survivor must not have remarried before the age of 60 (age 50, if they have a disability).

There are some instances where the survivor is eligible for benefits regardless of how old they are or how long they were married, such as a survivor caring for a child of the deceased.

Learn more about survivor benefits when a spouse dies.

Yes. An ex-spouse may qualify for survivor benefits if:

• The marriage lasted at least 10 years, and
• The survivor is age 60 or older (or age 50 or older if there is a disability), A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. and
• The survivor has not remarried before age 60 (or age 50 if there is a disability).

There are some instances where the ex-spouse is eligible for benefits regardless of how old they are or how long they were married, such as the ex-spouse caring for a child of the deceased.

Any benefits paid to a former spouse do not reduce the benefit amount paid to a current spouse or to children. Learn more about survivor benefits when an ex-spouse dies.

Yes. Children of the deceased may qualify for survivor benefits if:

• The child is under age 18;
• The child is aged 18 - 19 if they are full-time students in elementary or secondary school;  or
• The child is of any age if they developed a disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. at age 21 or younger. 

In addition, the child must be unmarried. Learn more about children receiving survivor benefits.

Yes, in some situations, survivor benefits may also be paid to married children, stepchildren, adopted children, grandchildren, and step-grandchildren.

How long Social Security survivor benefits last depends on who is receiving them: 

• Surviving spouse and eligible ex-spouse: may receive benefits for life, unless they become entitled to a higher retirement benefit.
• Surviving spouse and eligible ex-spouse who is receiving benefits because they are caring for the deceased’s child: usually receives benefits until the child turns 16, unless the child has a disability. A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning.
• Children: usually receive benefits until they turn 18. If they are still a full-time student in elementary or secondary school, they can receive benefits until they are 19 and two months.
• Children with a disability that developed before age 22: may continue to receive benefits as long as they remain eligible.

To apply for survivor benefits, the survivor must either:

• Call the Social Security Administration at (800) 772-1213 to set up an appointment, or
• Visit their local Social Security office. Scheduling an appointment is recommended, though note that access to local offices has been curtailed. 

There is no online application process for applying for survivor benefits.

If the survivor was already getting Family benefits, they generally don’t need to apply for survivor benefits. The benefit type and amount will be updated automatically.

The amount a survivor can receive in benefits will depend on how much the deceased worker had earned and the survivor’s age or situation when they start collecting benefits. Survivor benefits are usually a percentage of the deceased person’s full retirement benefit. For instance,  a widow(er) can generally start collecting benefits when they turn 60, at which point they will get 71.5% of the deceased’s benefit amount. If the widow or widower waits until full retirement age (generally age 67), then they will receive 100% of the amount.

Children generally receive 75% of the parent’s benefit. However, there is a limit called the family maximum. Learn more about how benefit amounts are calculated, how earnings affect benefit amounts, and family maximum benefits.

Yes. Social Security survivor benefits can be taxed, but it depends on the survivor’s total income for the year. The survivor may owe federal income tax on survivor benefits if they have other income above certain limits. Generally, those filing single, head of household, A tax filing status for someone who is unmarried. They pay at least half of household expenses and live with a dependent. or qualifying widow(er) will not have benefits taxed if their combined income is less than $25,000.  For those married filing jointly, A tax filing status for a married couple that includes all income and deductions for both people the amount is $32,000. From there, a certain percentage is taxed on the combined income above those amounts.

A survivor does not need to be a US citizen to get Social Security survivor benefits. However, the survivor must be lawfully present in the US when they apply. The SSA may ask for proof of immigration or residency status. 

Some benefits may be limited if the survivor lives outside the United States.

The lump-sum death payment is a one-time payment of $255 that is separate from the survivor benefit. The spouse can get this payment to help cover costs. If there is no spouse, some children may be eligible. An application for this payment must be submitted within two years of the deceased’s death.

Learn more about this one-time lump-sum payment.

If a survivor has been denied Social Security survivor benefits, they have the right to appeal. A request to change a court's decision The process generally has four different stages that a survivor can use if they lose at the previous stage:

1. Reconsideration: The SSA reviews the survivor’s claim again.
2. Hearing When the parties in a case present their sides of a case to a judge or other officer by an Administrative Law Judge (ALJ): The survivor can present evidence Anything used to show that something is true and testify To answer questions under oath in person in a hearing with a judge.
3. Appeals Council review: The SSA Appeals Council can review the judge’s decision.
4. Federal court: The survivor can file a case in a US district court.

As these stages can become complicated, it is recommended that a lawyer Someone who represents clients in courts or who gives legal advice help with any appeals.

Social Security survivor benefits cannot be passed on as an inheritance. Benefits are only paid to eligible family members who are alive at the time of the worker’s death. Family members who do not qualify or who apply after death are not entitled to receive these benefits.

Learn more about Social Security survivor benefits from the Social Security Administration (SSA) and AARP.
 

A lawyer Someone who represents clients in courts or who gives legal advice is typically not needed to apply for survivor benefits. However, if you are denied the benefits and need to appeal, A request to change a court's decision you may want to speak with a lawyer.

You can use Get Legal Help to find a free legal aid organization or a private lawyer near you.