Infatuation Rules
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When a husband dies does the wife get his Social Security disability?

Surviving spouse, age 60 — through full retirement age — 71½ to 99% of the deceased worker's basic amount. Surviving spouse with a disability aged 50 through 59 — 71½%. Surviving spouse, any age, caring for a child under age 16 — 75%.

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If You Are the Survivor Just as you plan for your family's protection if you die, you should consider the Social Security benefits that may be available if you are the survivor — that is, the spouse, child, or parent of a worker who dies. That person must have worked long enough under Social Security to qualify for benefits. How Your Spouse Earns Social Security Survivors Benefits A worker can earn up to 4 credits each year. In 2023, for example, your spouse can earn 1 credit for each $1,640 of wages or self-employment income. When your spouse has earned $6,560 they have earned their 4 credits for the year. The number of credits needed to provide benefits for survivors depends on the worker's age when they die. No one needs more than 40 credits (10 years of work) to be eligible for any Social Security benefit. But, the younger a person is, the fewer credits they must have for family members to receive survivors benefits. Some survivors can get benefits if the worker has credit for 1 and 1/2 years of work (6 credits) in the 3 years just before their death. Each person’s situation is different and you need to talk to one of our claims representatives about your choices. When a Family Member Dies We should be notified as soon as possible when a person dies. However, you cannot report a death or apply for survivors benefits online. In most cases, the funeral home will report the person’s death to us. You should give the funeral home the deceased person’s Social Security number if you want them to make the report. If you need to report a death or apply for benefits, call 1-800-772-1213 (TTY 1-800-325-0778). You can speak to one of our representatives between 8:00 a.m. – 7:00 p.m. Monday through Friday. You can also contact your local Social Security office. Do we pay death benefits? A one-time lump-sum death payment of $255 can be paid to the surviving spouse if they were living with the deceased. If living apart and they were receiving certain Social Security benefits on the deceased’s record, they may be eligible for the lump-sum death payment. If there is no surviving spouse, the payment is made to a child who is eligible for benefits on the deceased’s record in the month of death. What happens if the deceased received monthly benefits? If the deceased was receiving Social Security benefits, you must return the benefit received for the month of death and any later months. For example, if the person died in July, you must return the benefits paid in August. How you return the benefits depends on how the deceased received benefits: For funds received by direct deposit, contact the bank or other financial institution. Request that any funds received for the month of death or later be returned to us. Benefits received by check must be returned to us as soon as possible. Do not cash any checks received for the month in which the person dies or later. Who receives benefits? Certain family members may be eligible to receive monthly benefits, including a/an: Surviving spouse age 60 or older (age 50 or older if they have a disability).

Surviving divorced spouse, under certain circumstances.

Surviving spouse at any age who is caring for the deceased’s child who is under age 16 or has a disability and receiving child’s benefits.

Unmarried child of the deceased who is one of the following:

Younger than age 18 (or up to age 19 if they are a full-time student in an elementary or secondary school). Age 18 or older with a disability that began before age 22. Are other family members eligible? Under certain circumstances, the following family members may be eligible: A stepchild, grandchild, step grandchild, or adopted child. Parents, age 62 or older, who were dependent on the deceased for at least half of their support. Eligible family members may be able to receive survivors benefits for the month that the beneficiary died. Surviving Spouse If you are the surviving spouse of a person who worked long enough under Social Security, you can: Receive reduced benefits as early as age 60.

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If you qualify for retirement benefits on your own record, you can switch to your own retirement benefit as early as age 62. Begin to receive benefits as early as age 50 if you have a disability and the disability started before or within 7 years of the worker's death. the disability started before or within 7 years of the worker's death. If a surviving spouse who is caring for the worker's children receives Social Security benefits, they're still eligible if their disability starts before those payments end or within 7 years after they end. Receive survivors benefits at any age, if you have not remarried and you take care of the deceased worker's child who is under age 16 or has a disability and receives child’s benefits. If you remarry after you reach age 60 (age 50 if you have a disability), your remarriage will not affect your eligibility for survivors benefits. A surviving spouse or surviving divorced spouse cannot apply online for survivors benefits. You should contact us at 1-800-772-1213 to request an appointment. If you are deaf or hard of hearing, call our TTY number at 1-800-325-0778 . to request an appointment. If you are deaf or hard of hearing, call our TTY number at . If you wish to apply for disability benefits as a survivor, you can speed up the disability application process if you complete an Adult Disability Report and have it available at the time of your appointment. We use the same definition of disability for surviving spouses as we do for workers. A few other situations: If you already receive benefits as a spouse, your benefit will automatically convert to survivors benefits after we receive the report of death. If you are also eligible for retirement benefits, but haven't applied yet, you have an additional option. You can apply for retirement or survivors benefits now and switch to the other (higher) benefit later. For those already receiving retirement benefits, you can only apply for benefits as a surviving spouse if the retirement benefit you receive is less than the benefits you would receive as a survivor. If you became entitled to retirement benefits less than 12 months ago, you may be able to withdraw your retirement application and apply for survivors benefits only. If you do that, you can reapply for the retirement benefits later when they will be higher. Surviving Divorced Spouse If you are the divorced spouse of a worker who dies, you could get benefits the same as a surviving spouse, provided that your marriage lasted 10 years or more. Benefits paid to you as a surviving divorced spouse won't affect the benefit amount for other survivors getting benefits on the worker's record. If you remarry after you reach age 60 (age 50 if you have a disability), the remarriage will not affect your eligibility for survivors benefits. If you are caring for a child under age 16 or who has a disability and the child get benefits on the record of your former spouse, you would not have to meet the length-of-marriage rule. The child must be your former spouse's natural or legally adopted child. If you qualify because you have the worker's child in your care, your benefit will affect the amount of the benefits of others on the worker's record Minor or Child with a Disability If you are the unmarried child under age 18 of a worker who dies, you can be eligible to receive Social Security survivors benefits. You can also be eligible, if you are up to age 19 and attending elementary or secondary school full time. And you can get benefits at any age if you have a qualifying disability that began before age 22 and remains the same. Besides the worker's natural children, their stepchildren, grandchildren, step-grandchildren, or adopted children may receive benefits under certain circumstances. For Your Parents If you are the dependent parent, who is at least age 62, of a worker who dies, you may be eligible to receive Social Security survivors benefits. You must have been receiving at least half of your support from your working child. Also, you must not be eligible to receive a retirement benefit that is higher than the benefit we could pay on your child’s record. Generally, you must not have married after your deceased adult child’s death. However, there are some exceptions. Besides being the natural parent, you could also be the stepparent, or the adoptive parent if you became the deceased worker’s parent before they were age 16.

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Survivors Benefit Amount We base your survivors benefit amount on the earnings of the person who died. The more they paid into Social Security, the higher your benefits would be. These are examples of the benefits that survivors may receive: Surviving spouse, full retirement age or older — 100% of the deceased worker's benefit amount. Surviving spouse, age 60 — through full retirement age — 71½ to 99% of the deceased worker's basic amount.

Surviving spouse with a disability aged 50 through 59 — 71½%.

Surviving spouse, any age, caring for a child under age 16 — 75%. A child under age 18 (age 19 if still in elementary or secondary school) or who has a disability — 75%.

Dependent parent(s) of the deceased worker, age 62 or older receive:

One surviving parent — 82½%.

Two surviving parents — 75% to each parent. Percentages for a surviving divorced spouse would be the same as above. There may also be a special lump-sum death benefit. Maximum Family Amount There's a limit to the amount that family members can receive each month. The limit varies, but it is generally equal to between 150% and 180% of the basic benefit rate. If the sum of the benefits payable to family members is greater than this limit, the benefits will be reduced proportionately. Any benefits paid to a surviving divorced spouse based on disability or age won't count toward this maximum amount. Other Things You Need to Know There are limits on how much survivors may earn while they receive benefits. Benefits for a surviving spouse or surviving divorced spouse may be affected by several additional factors: If you remarry before age 60 (age 50 if you have a disability), you cannot receive benefits as a surviving spouse while you are married. (age 50 if you have a disability), you cannot receive benefits as a surviving spouse while you are married. If you remarry after age 60 (age 50 if you have a disability), you will continue to qualify for benefits on your deceased spouse's Social Security record. (age 50 if you have a disability), you will continue to qualify for benefits on your deceased spouse's Social Security record. However, if your current spouse is a Social Security beneficiary, you may want to apply for spouse's benefits on their record. If that amount is more than your surviving spouse's benefit, you will receive a combination of benefits that equals the higher amount. If you receive benefits as a surviving spouse or surviving divorced spouse, you can switch to your own retirement benefit as early as age 62. This assumes you are eligible for retirement benefits and your retirement rate is higher than your rate as a surviving spouse or surviving divorced spouse. In many cases, a surviving spouse can begin receiving one benefit at a reduced rate and allow the other benefit amount to increase. If you will also receive a pension based on work not covered by Social Security, such as government or foreign work, your Social Security benefits as a survivor may be affected.

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