Surviving Child Benefits

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 How Do I Claim Survivor Benefits for My Child?

To claim survivor benefits for your child, you will need to apply through the Social Security Administration (SSA). This can be done in person at a local SSA office or, in some cases, online. The child must be the biological child, legally adopted child, stepchild, or dependent grandchild of the deceased individual to be considered for benefits.

Who Is Eligible for Surviving Child Benefits?

Eligibility for surviving child benefits extends to:

  • Unmarried children under 18.
  • Children aged 18 or 19 if they’re attending elementary or secondary school full time.
  • Children 18 or older with a disability that started before age 22.

What Materials Are Required When Applying for Surviving Child Benefits?

The following materials are typically required when applying for Social Security survivor benefits.

The Child’s Birth Certificate or Other Proof of Birth

To confirm the child’s age and identity, you’ll need a birth certificate, which can be obtained from the vital records office in the state or jurisdiction where the child was born. If the original isn’t available, hospitals sometimes provide commemorative birth certificates. You might use the hospital’s birth record or a baptismal certificate for more official proof, though the agency’s requirements should be verified.

The Deceased Parent’s Death Certificate

This document is crucial for verifying the death of the individual whose Social Security record the benefits will be derived from. Death certificates can be sourced from the vital records office in the state or area where the death occurred. There may be fees, and you must demonstrate your relationship to the deceased.

The Social Security Numbers of the Child and the Deceased Parent

The Social Security numbers are essential for matching records within the Social Security system. While the child’s number should be on their Social Security card obtained at birth, the deceased parent’s number might be found on old tax documents or pay stubs. If not, with enough identifying information, the SSA could assist in locating it.

Proof of the Child’s Relationship to the Deceased

This is necessary to establish eligibility for benefits. A birth certificate listing the deceased parent serves this purpose. The relevant records or decree from the court that finalized the adoption of the state’s adoption services should be acquired for adopted children.

Your Own Social Security Number as the Applying Parent or Guardian

This will verify your identity and determine your right to apply on the child’s behalf. If you’ve misplaced your Social Security card, consider getting a replacement from the SSA. Always ensure you provide original or certified copies of documents where needed.

What Is the Process When Applying for Social Security Survivor Benefits?

Here are the steps involved in applying for Social Security benefits for survivors.

1. Gather All Required Documentation

Before starting the application process, ensure you have all the necessary documentation. This typically includes proofs of birth, death, relationship, and Social Security numbers for both the deceased and the applicant. Having records indicating the deceased’s Social Security tax contributions over the years might also be helpful.

Organizing everything beforehand can expedite the process and eliminate the need for multiple visits or submissions. Remember, documents should be originals or certified copies, as photocopies are often unaccepted.

2. Complete the Social Security Benefit Application Form

The comprehensive form requires detailed information about the deceased, the applicant, and their relationship. It’s crucial to ensure all data matches the information on your supporting documents. Familiarize yourself with the form to gather any additional information you might need.

3. Submit the Application Along with the Required Documents to the SSA

Once the form is complete, it must be submitted to your local Social Security Administration (SSA) office. Some offices may allow online submissions, but due to the sensitive nature of the documents, many might prefer in-person drop-offs or mailed submissions through a secured method. Always keep copies of everything you send for your records.

4. The SSA Reviews the Application and Determines the Eligibility.

Post submission, the SSA begins its review. This includes verifying the documents, ensuring the relationship and circumstances match the benefits criteria, and confirming the deceased’s Social Security contributions qualify the survivor. The process is thorough and might occasionally require further documentation or clarification.

5. If Approved, Benefits Start Being Disbursed, Typically Monthly

Upon approval, the SSA commences disbursing the survivor benefits. Payments are generally made monthly and might be retroactive to the application date. The amount and frequency depend on various factors, such as the deceased’s earning history and the relationship between the deceased and the survivor. Maintain records of all received payments and notify the SSA of any changes in circumstances that might influence eligibility.

Keeping in touch with the SSA throughout the process is advisable. They can address any queries or concerns and update the application’s status.

How Long Does It Take To Get Approved for Survivor Benefits?

The time can vary, but generally, it can take a few weeks to a few months from when the SSA receives the application. Delays can occur if there’s missing documentation or additional verification is needed.

Can Surviving Benefits Continue after the Child Reaches 18?

Yes, in some cases. Benefits for a child of a deceased parent can continue if the child is:

  • Still in secondary school or elementary school at 19.
  • Disabled, with the disability having started before age 22.

How Much Money Does a Child Get Under the Survivor Benefits Program?

The monthly benefit amount is based on the earnings of the deceased parent. It can be up to 75% of the deceased parent’s basic Social Security benefit. However, there is a limit to the amount of money a family can receive.

The family maximum benefit is the limit to the amount of money a family can receive from Social Security on a single worker’s earnings record. The family maximum benefit is calculated using a formula that sums four separate percentages of portions of the worker’s primary insurance amount (PIA), which is the benefit the worker would receive at full retirement age. The formula and the portions vary depending on the year the worker becomes eligible for benefits or dies.

The family maximum benefit is in place to ensure that Social Security benefits are distributed fairly and equitably among different types of beneficiaries, such as retired workers, spouses, children, and survivors. It also helps to maintain the financial sustainability of the Social Security program by limiting the total amount of benefits that can be paid out on a single earnings record.

Will My Child Still Receive Survivor Benefits If I Remarry?

Yes. Your marital status does not affect your child’s eligibility for survivor benefits. Your child’s benefits are determined by their relationship to the deceased parent and the parent’s earnings record.

Do I Need a Lawyer?

While the process can sometimes be managed without legal assistance, it may be wise to seek legal counsel if you run into difficulties or if there are complications related to the deceased’s estate.

Take action today to get started. To ensure the process goes smoothly and your child’s rights are protected, consult with a Social Security lawyer. Get matched with a knowledgeable attorney through LegalMatch to assist with your legal needs.

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