Cecily Zamora
Social Security survivor benefits provide monthly payments to eligible family members of people who worked and paid Social Security taxes before they died. These benefits are typically available to a surviving spouse, divorced spouse, unmarried child, or dependent parent. There is no Social Security benefit that would allow someone to be paid benefits based on a sibling's record.
| Characteristics | Values |
|---|---|
| Who is eligible for survivor benefits? | The spouse, divorced spouse, child, or dependent parent of the deceased |
| Are there any other eligibility criteria? | The surviving spouse must not have remarried before the age of 60 (or 50 if they have a disability). Ex-spouses who were married for at least 10 years may also be eligible. |
| Are there any benefits for children? | Children of the deceased may be eligible if they are unmarried and are under the age of 18, or any age if they developed a disability before turning 21. |
| Can a brother-in-law receive survivor benefits? | No, there is no Social Security benefit type that would allow someone to be paid benefits based on their sibling's record. |
| How are the benefits calculated? | The benefits are calculated based on the deceased's lifetime earnings and their Social Security benefit if they had claimed it at their full retirement age. |
| Is there a time limit for applying? | There is no set time limit for applying for survivor benefits, but it is best to report a death to Social Security as soon as possible. |
| How can one apply? | By calling the Social Security agency at 1-800-772-1213 (TTY: 1-800-325-0778) or by visiting the local office. |
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What You'll Learn
Who is eligible for survivor benefits?
Several categories of people may be eligible for survivor benefits. These include:
Spouses
A surviving spouse at full retirement age can receive 100% of the deceased's benefit. The exact retirement age varies, but it is 67 years old for people born after 1960. A surviving spouse between the age of 60 and full retirement age can receive 71.5% to 99% of the benefit. If the surviving spouse is between 50 and 59 years old, they can receive 71.5% of the benefit. Additionally, a surviving spouse of any age who has not remarried and is caring for the deceased's child or children under 16 or those with disabilities can receive 75% of the benefit.
Divorced spouses
Divorced spouses who have not remarried may be eligible to receive benefits at the same percentages as surviving spouses, as long as they were married to their former spouse for at least 10 years.
Children
Minor children of the deceased who are unmarried and are younger than 18 (or up to 19 if they are still in secondary school) can receive 75% of the deceased's benefit. Additionally, adult children with disabilities that began before 22 years of age can also receive 75% of the benefit. Under certain circumstances, married children, stepchildren, adopted children, grandchildren, and step-grandchildren may also be eligible.
Parents
Surviving parents who were dependent on the deceased for at least half of their income and whose own Social Security benefit would not be larger than that of the deceased offspring can receive 82.5% of the benefit. If there are two dependent parent survivors, they are eligible to collect 75% each.
Other
In some cases, ex-spouses who were married for less than 10 years, as well as some valid non-marital legal relationships, may be eligible for survivor benefits.
To answer your question about your brother-in-law, he may be eligible for survivor benefits if he is the spouse, ex-spouse, child, or dependent parent of someone who worked and paid Social Security taxes before they died.
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How much are survivor benefits?
Survivor benefits are monthly payments provided to eligible family members of people who worked and paid Social Security taxes before they died. The average survivor benefit paid in December 2023 was $1,501.60 per month. However, the amount received varies depending on certain factors.
Firstly, the age of the beneficiary plays a role. If you are between the ages of 50 and 60 and have a disability, or are above the age of 60 (the full retirement age), you can receive a portion of your spouse's Social Security benefit. If you are caring for a child of the deceased who is aged 16 or younger, or a child with a disability, you may also be eligible to receive a portion of your spouse's benefit, regardless of your age. If you are above the full retirement age, you are entitled to receive the full Social Security benefit of the deceased.
Secondly, remarriage can impact the amount received. If you remarry before the age of 60 (or 50 with a disability), you are no longer eligible to receive survivor benefits as long as you stay married. However, if you remarry after turning 60, you can continue to receive your former spouse's survivor benefits.
Thirdly, your income may also affect the amount you receive. If you are working, your benefits may be reduced depending on your age and income level.
In addition to the monthly payments, survivor benefits can also include a one-time lump-sum payment of $255. Furthermore, beneficiaries may be eligible for Medicare health insurance based on the work history of the deceased family member.
It is important to note that survivor benefits are just one resource available, and they may not be sufficient to maintain the same standard of living. Other sources of financial protection, such as emergency funds, life insurance, and disability insurance, should also be considered to ensure financial stability during unexpected life events.
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When can you apply for survivor benefits?
In the United States, Social Security survivor benefits provide monthly payments to eligible family members of people who worked and paid Social Security taxes before they died. These benefits are available to surviving spouses and dependent children of the deceased. To apply for survivor benefits, one must be either the spouse, divorced spouse, child, or dependent parent of the deceased, and the deceased must have worked and paid Social Security taxes.
Surviving spouses who are eligible for retirement benefits but have not yet applied can choose between applying for retirement or survivor benefits, depending on which yields a higher benefit. If the payouts are similar, it is recommended to take the survivor benefit first, which can be collected from age 60 to 70. At age 70, one can switch to collecting their own retirement benefit, which will have reached its maximum value. A surviving spouse generally does not qualify for survivor benefits until age 60, but they can collect payouts as the caregiver for the deceased's children under 16. Additionally, if a spouse became entitled to retirement benefits less than 12 months before their spouse's death, they may be able to withdraw their retirement application and apply for survivor benefits.
Ex-spouses may be eligible for survivor benefits if they were married to the deceased for at least 10 years. There is an exception for those who recently applied for retirement benefits. Surviving children may be eligible for benefits if they are unmarried and are under 18 (or 19 if still in school). Benefits for children with disabilities that occurred before the age of 22 will continue for life.
To apply for survivor benefits, one can do so over the phone or in person by scheduling an appointment at a local Social Security office. Certain documents may be required, such as a death certificate, marriage certificate, proof of citizenship, or divorce decree.
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How to apply for survivor benefits
To apply for survivor benefits, it is important to notify the Social Security Administration (SSA) as soon as possible after your loved one's death. While reporting a death or applying for benefits cannot be done online, the funeral home will usually report the death to the SSA if provided with the deceased person's Social Security number.
You can apply for benefits by calling the SSA at 1-800-772-1213 (TTY 1-800-325-0778) between 8:00 a.m. and 7:00 p.m., Monday to Friday, or by visiting your local Social Security office. An appointment is not required, but scheduling one may reduce the time spent waiting to apply.
When applying, you may be asked to provide certain documents to prove your eligibility, such as:
- Proof of U.S. citizenship or lawful alien status if you were not born in the United States
- U.S. military discharge papers if you had military service before 1968
- For disability benefits, the two forms (SSA-3368 and SSA-827) that describe your medical condition and authorise the disclosure of information
- W-2 form(s) and/or self-employment tax returns for the previous year
- Final divorce decree, if applying as a surviving divorced spouse
You will also need to answer questions about whether you or anyone else has ever filed for Social Security benefits, Medicare, or Supplemental Security Income on your behalf, and whether the deceased worker had ever filed for these benefits. Additionally, you may be asked about any inability to work due to illnesses, injuries, or conditions within the past 14 months, for both yourself and the deceased worker.
If you don't have all the necessary documents, you can still apply, and the SSA can assist in obtaining the required information. When mailing documents to the SSA, include the Social Security number on a separate sheet of paper and not on the original documents.
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What is the eligibility of a divorced spouse?
A divorced spouse can receive social security survivor benefits if their ex-spouse, to whom they were married for at least 10 years, worked and paid Social Security taxes before their death. The divorced spouse must not have remarried before the age of 60 (or 50 if they have a disability). They may still be eligible regardless of their age and the length of their marriage if they are caring for a child of the person who died.
To be eligible for survivor benefits, the deceased worker's surviving spouse, divorced spouse, unmarried child, or dependent parent must apply. A one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements. Survivors must apply for this payment within 2 years of the date of the number holder's death. It is not possible to apply for survivors' benefits online.
Divorced spouses may receive monthly survivor benefit payments based on the deceased worker's earnings. They may also be eligible for Medicare based on the work history of their deceased ex-spouse. Once approved for survivor benefits, beneficiaries must report changes to their work, income, and personal information.
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Frequently asked questions
No, Social Security survivor benefits are only paid out to spouses, ex-spouses, children, or dependent parents of the deceased.
If your brother-in-law was dependent on their sibling, they still would not be eligible for survivor benefits. Only dependent parents of the deceased are eligible for survivor benefits.
Yes, you may be eligible for monthly survivor benefits as a surviving spouse. These benefits are calculated based on your late spouse's full retirement benefit or lifetime earnings.
You can report a death and apply for survivor benefits by calling the Social Security agency at 1-800-772-1213 (TTY: 1-800-325-0778). You cannot apply online.
