Survivors Benefits For Your Widow or Widower

You probably know people who are receiving Social Security survivors benefits because they're a widow or widower. At present, there are about 5 million widows and widowers receiving monthly Social Security benefits based on their deceased spouse's earnings record. And, for many of those survivors, particularly aged women, those benefits are keeping them out of poverty.

• Your widow or widower can receive

  • reduced benefits as early as age 60 or full benefits at full retirement age or older.

  • benefits as early as age 50 if he or she is disabled.

  Note: If your widow or widower remarries after age 60 (age 50 if disabled), he or she will still be eligible for benefits on your record.

• Your widow or widower who has not remarried can receive survivors benefits at any age if she or he takes care of your child who is under age 16 or is disabled and receives benefits on your record.

If something happens to you, benefits may be payable to your widow or widower with a disability if the following conditions are met:

• He or she is between ages 50 and 60.
• The widow or widower meets the definition of disability for adults.
• The disability started before your death or within seven years after your death.

  Note: If your widow or widower caring for your children receives Social Security benefits, he or she is eligible if disability starts before those payments end or within seven years after they end.

Significant Gainful Activity (SGA)

Social Security uses a 5 step sequential evaluation process to determine if you are disabled. The first step is to determine whether you have SGA. If you are working and earning above a certain level, the Social Security Administration (SSA) will deny your claim. However, if your earnings fall below a certain level you may still be entitled to disability and SSA will move on to step two of the evaluation process. The chart below shows the amounts that SSA uses to determine SGA:

Social Security Disability Thresholds:		2008	2009

Significant Gainful Activity(SGA)	Non-Blind	$ 940/mo.	$ 980/mo.
	Blind	$1,570/mo.	$1,640/mo.

As you can see, if you earned $940 or more per month in 2008, you would have exceeded the threshold for SGA and would not have been entitled to benefits. In 2009, the threshold is $980 per month.

Many clients ask me if they can work while they are waiting for their hearing. I always encourage clients to try to work. If they attempt to work, but find they cannot continue, the judge will probably look at this favorably. If they find that they cannot work full-time, but can work part-time, they won't be penalized if their earnings are below SGA. If they return to work and find that they are able to work at levels above SGA, we can always amend our claim and ask the judge to award a "closed period" of disability. A closed period of disability means that the judge would award benefits beginning with the date they alleged disability up until the date they started earning SGA. It has been my experience that judges are generally liberal when it comes to awarding closed periods.

It has been my experience that attempting to work is looked upon favorably by SSA. It shows the judge that you at least tried to work.

For more information about SGA and help with your claim, click on the email link. Send me your questions. I'm here to help!

Social Security Survivors' Benefits for Children

If you are the unmarried child under 18 (up to age 19 if attending elementary or secondary school full time) of a worker who dies, you also can be eligible to receive Social Security survivor benefits.

Your survivor benefit amount would be based on the earnings of the person who died. The more he or she paid into Social Security, the higher your benefits would be. The amount you would get is a percentage of the deceased's basic Social Security benefit and depends on your age and the type of benefit you would be eligible to receive.

A child under age 18 (19 if still in elementary or secondary school) or disabled is entitled to receive 75 percent of the deceased monthly social security benefit.

There is a maximum benefit per month that can be paid to all the survivors on the record. There may also be a special lump-sum death benefit. The limit varies, but it is generally equal to about 150 to 180 percent of the basic benefit rate.

For more information about Survivor Benefits for Children, click on the email link above.