Social Security Survivor Benefits Denied? Here's What To Do

Social Security Survivor Benefits Denied? Here’s What To Do

Social security survivor benefits denied? You’re probably feeling overwhelmed. Losing a spouse is one of life’s most difficult experiences. It’s even harder when you’re dealing with financial uncertainty. Don’t worry, you’re not alone, and a denial isn’t always the end of the road.

There are several reasons why your application for Social Security survivor benefits might be denied. Sometimes, it’s a simple mistake, like missing information or an incorrect form. Other times, it might be due to more complex eligibility requirements. Either way, it’s important to understand why your application was denied so that you can take the necessary steps to appeal the decision.

Why were your survivor benefits denied?

Receiving a denial notice for your Social Security survivor benefits can be disheartening. It’s important to understand the denial reason to move forward. Here are some common reasons the Social Security Administration (SSA) denies survivor benefits:

Common reasons for denial:

Let’s examine why the Social Security Administration (SSA) might deny survivor benefits:

Not enough work credits: Think of work credits like a points system for Social Security. You earn these credits throughout your working life. Your deceased spouse must have earned a certain number of credits for you to qualify for benefits. The SSA offers a handy calculator to determine the required credits.
Remarriage before age 60: Remarrying before age 60 usually makes you ineligible for benefits. However, this rule doesn’t apply if you divorced before your former spouse died or your subsequent marriage ended (divorce or death).
The deceased wasn’t receiving Social Security: If your spouse was still working and not yet receiving Social Security benefits when they passed away, it could complicate things. Their earnings record and the reason they hadn’t claimed benefits could affect your eligibility.
Age Limits: As a younger surviving spouse, you might only qualify for benefits if you’re caring for one of your spouse’s children. The child must be under 16 years old or have a qualifying disability to receive benefits.
Earnings Test: This test applies if you’re under full retirement age and still working. Your survivor benefit may decrease based on how much you earn compared to a set yearly limit.
Government Pension Offset: Did you or your spouse receive a government pension from a job not requiring Social Security taxes? If so, the Government Pension Offset provision might reduce your benefits.
Windfall Elimination Provision: The Windfall Elimination Provision affects benefit calculations if you or your spouse received a pension from a job not covered by Social Security. It aims to ensure the survivor benefit isn’t overly reduced due to a pension from non-covered employment.

What do I do if my social security survivor benefits are denied?

Having your social security survivor benefits denied can be discouraging, but there are steps you can take to appeal the decision. Remember, a denial isn’t necessarily the end. Here’s what you can do:

Review Your Denial Letter Carefully: The denial letter explains why the SSA denied your claim. Carefully review the reasons, ensuring you understand the specific issues affecting your eligibility.
File an Appeal: You have the right to appeal the decision and request another review. The first appeal level is reconsideration, filed using Form SSA-561. The Social Security Administration provides a comprehensive guide outlining when and how to file an appeal. For medical-related denials of Social Security or Supplemental Security Income (SSI) disability benefits, you can request an appeal online. You can also submit a “non-medical” decision appeal online. If you’re not filing your reconsideration request online, complete Form SSA-561, Request for Reconsideration.
Gather New Evidence: Double-check that you submitted all required documentation with your initial application. Missing information like income verification or marriage certificates could’ve led to the denial. Submitting new, relevant evidence can strengthen your case. For example, if your application lacked documentation of your spouse’s work history, reach out to their former employer for records or locate old pay stubs.
Get Help: Navigating the appeals process while grieving can feel overwhelming. Lean on your support network of friends and family for emotional support during this challenging time. Additionally, consider resources like the SSA website or consult with an experienced attorney specializing in Social Security survivor benefits. Seeking professional guidance can clarify the appeals process and help ensure your application is complete and accurate, improving your chances of a successful outcome.

FAQs about Social Security Survivor Benefits Denials

Can Social Security survivor benefits be denied?

Yes, Social Security survivor benefits can be denied, even though the process aims to be straightforward. Denials can occur for various reasons, from simple paperwork errors to not having enough work credits or more complex eligibility issues. Understanding common denial reasons can help ensure your application is accurate and complete, increasing the likelihood of approval.

What disqualifies you from survivor benefits?

Several factors can disqualify you from receiving survivor benefits, such as:

Remarrying before a certain age.
Your deceased spouse not having earned enough work credits.
Not meeting the SSA definition of a spouse.
Earning an income that exceeds a specific limit before reaching full retirement age (this could result in reduced or temporarily suspended benefits).

These factors don’t necessarily mean permanent disqualification. However, you must meet specific criteria to be eligible for survivor benefits.

What are the survivor benefit rules for Social Security?

Social Security survivor benefit rules consider several factors to determine eligibility. These include:

The deceased’s work history, specifically the number of work credits earned.
Your age.
Your relationship to the deceased.
Your income.
Your marital status, including whether you’ve remarried.
Whether you are raising the deceased’s child.

The SSA website offers comprehensive information detailing these requirements and helps clarify eligibility based on your circumstances.

Do you get money when your husband dies?

You might be eligible for benefits if your husband paid Social Security taxes and earned enough work credits. Several factors, such as your age, marital status, and if you receive other government benefits, affect your eligibility. Consulting with the Social Security Administration or reviewing their website is best for personalized advice based on your situation.

Conclusion

Dealing with a denial of Social Security survivor benefits is never easy, especially while grieving a loss. The combination of emotional stress and financial uncertainty can feel overwhelming. However, remember that a denial is not the end of the road.

Carefully review your denial letter to understand why your benefits were denied. Take the time to gather any missing documentation, and don’t hesitate to reach out for help if you need it. You deserve financial security during this difficult time, so stay informed, stay proactive, and keep moving forward.

Find a Top Notch Social Security Attorney in Your State

The information provided in this blog article is intended to be general in nature and should not be construed as legal advice. Social Security laws and regulations are subject to, and often change. Please consult the official Social Security Administration (SSA) website or contact SSLG for advice regarding your specific legal matters.