What is the Social Security spousal benefit rule and how does it affect me?

According to the Social Security Administration (SSA), around 11 percent of the payments paid by the agency are directed toward spouses or dependents of deceased workers. If a person eligible to or does receive Social Security benefits dies, the law states that their family can claim them.

Generally, the SSA will pay the benefits to a qualifying widow/widower. Those with disabilities will be able to claim the benefits imminently so long as they have been disabled for at least seven years.

Once a spouse has died, the SSA urges those who believe they would be eligible to receive survivor’s benefits to do so quickly, as many payments are not retroactive.

To begin the process, one must fill out an application. Then, once the SSA has received a death certificate, they transfer the benefits over to the spouse or child’s name. The SSA recommends providing the funeral home with the deceased Social Security Number to report the death easily.

In some cases, rather than making monthly payments, the SSA can offer a “Special Lump-Sum Death Payment.” The payment is worth $225 and is typically “paid to the surviving spouse who was living in the same household as the worker when they died.”

For those eligible or receiving Social Security benefits themselves, the SSA says that they will determine “whether you can get a higher benefit as a widow or widower.”

Benefit Amounts

The benefit amount depends on the age and/or disability of the survivor.

Widows and widowers who are of retirement age can claim one hundred percent of benefits.

Those who are sixty years old are entitled to anywhere between 71.5 to 99 percent of the benefits. A disabled spouse over the age of fifty and fifty-nine can claim 71.5 percent. Any other spouse of a deceased worker over sixteen will be allowed to claim 75 percent. Children of a deceased beneficiary are also entitled to 75 percent of the benefit amount.