The time after a loved one’s death is very difficult. Dealing with the emotional and financial implications can feel overwhelming. This is where a social security survivor benefits lawyer can help. They provide support and guidance through every step of the process. Social Security survivor benefits are designed to give financial aid to the families of deceased workers, but navigating the application process and understanding eligibility can often be tricky.
Understanding Social Security Survivor Benefits
Social Security Survivor benefits offer financial support to family members of a worker who passed away. These benefits are available if the deceased worker had accumulated enough work credits throughout their life. You can find more information and specifics on work credits at the Social Security Administration.
Who Is Eligible for Survivor Benefits?
The Social Security Administration (SSA) states survivor’s benefits may be available to those that the deceased worker was financially supporting. Every family’s situation is different, but here are some common situations in which a family can receive monthly benefits after the death of a loved one:
- A surviving spouse of any age caring for the deceased worker’s child under 16 or a child that became disabled before age 22. The child must also be unmarried to qualify for these benefits.
- A surviving spouse at least 60 years old (or 50 years old if disabled) may qualify, but age requirements can vary depending on your circumstances.
- A disabled widow or widower between the ages of 50 and 59 can also often qualify for benefits on their deceased spouse’s record.
- A deceased worker’s unmarried children can also qualify for benefits. But, the child must be younger than 18 or up to age 19 if they are full-time elementary or secondary school students.
- In certain situations, dependent parents who are at least 62 years old may be eligible to receive benefits based on the deceased worker’s record.
How Much Can a Surviving Spouse Receive?
The benefits paid to a surviving spouse are based on the deceased worker’s earnings history. The higher their earnings, the larger the benefit payment will be to the surviving family members.
Benefit amounts are calculated as a percentage of the deceased worker’s primary insurance amount, which is the amount they would have received in benefits if they had retired at full retirement age. The SSA offers online tools to help you estimate your potential benefit. A surviving spouse can use the Social Security benefits estimator tools to get an estimate. This tool estimates Social Security retirement benefits and can make it much easier for surviving family members to understand what they might receive based on their spouse’s work record.
How a Social Security Survivor Benefits Lawyer Can Help
A social security survivor benefits lawyer can guide families through this intricate legal area. It is highly recommended to seek the guidance of a knowledgeable professional if you’re considering applying for Social Security Survivor Benefits or appealing a prior claim.
Here are some of the ways a Social Security Survivor Benefits Lawyer can help you:
- Explain eligibility for Social Security survivor benefits: A Social Security Disability lawyer can assess a family’s specific situation based on their deceased family member’s work record. This will determine if a widow, widower, parent, or child is eligible to receive monthly benefits. They can also determine if you are eligible to receive death benefits.
- Gather the necessary documentation and make sure everything is filed accurately with the Social Security Administration.
- Represent you at a hearing.
- Assist in the appeal process.
FAQs About Social Security Survivor Benefits Lawyers
What is the Most a Social Security Lawyer Can Charge?
Most Social Security survivor benefits lawyers work on a contingency fee basis. This means they only get paid if your claim is successful. The SSA sets limits on attorney fees.
This limit is usually the lesser of 25% of the past-due benefits awarded or $6,000. It’s crucial to clarify this directly with the lawyer beforehand.
How Much Does Social Security Pay Out for Survivor Benefits?
There is no one-size-fits-all answer. The amount of your benefit depends on your late spouse or parent’s lifetime earnings. The SSA uses this to calculate their primary insurance amount. Your benefit is then calculated from that. It could range from 75% to 100% of their benefit, based on factors like your age and whether you’re disabled or caring for minor or disabled children.
What is the Widow’s Benefits Law?
“Widow’s Benefits” are actually part of the larger Social Security survivor benefits program. This specific section of the law provides monthly payments to widows or widowers if their deceased spouse worked long enough for Social Security. Eligibility varies depending on age, disability status, and whether there are kids under 16 or disabled kids that need care.
How to Appeal Social Security Survivor Benefits?
First off – don’t panic if your claim gets denied. Appeals are very common. There is a formal appeals process you must follow. You usually have 60 days from when you received your denial to file for reconsideration with the Social Security Administration. A social security survivor benefits lawyer can greatly increase the chances of a successful appeal by crafting a strong case.
Conclusion
Dealing with the death of a spouse is always painful, and finances should not add more stress during an already difficult time. Applying for benefits through a social security survivor benefits lawyer can help reduce your stress. Having an expert on hand ensures that this period is as smooth as it can be. They can help your family’s future be as secure as possible, while still allowing you the time you need to grieve and move forward.
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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.