If a Beneficiary Dies, Can I Get Their Benefits?

On This Page

1. Survivor’s Benefits If Your Family Member Who Draws Disability Passes Away
2. How Much Can I Draw on Survivor’s Benefits?
3. Survivor’s Benefits If Your Family Member Dies Before Getting Approved
4. Berger and Green Can Help You Get the Disability Payments You Deserve
5. Talk to a Pittsburgh Social Security Disability Attorney About Your Case

LEGALLY REVIEWED BY

C. William Kenny

February 02, 2024

Board certified by National Board of Trial Advocacy

In some cases, you can continue to get some or all your beneficiary/loved one’s Social Security Disability benefits after they pass away. These are known as Survivor’s Benefits. You may also receive a one-time payment of $255 for a death benefit.

If you have questions or concerns, or if the Social Security Administration denies your Pittsburgh Survivor’s Benefits, the team from Berger and Green can help you fight for the payments you deserve. Call or text us today at 412-661-1400 for a free case review today.

Survivor’s Benefits If Your Family Member Who Draws Disability Passes Away

If a member of your immediate family draws Social Security Disability Insurance (SSDI) benefits and passes away, you may qualify for Survivors benefits if you meet other requirements. This includes:

• A spouse age 60 or older
• A spouse age 50 or older and disabled
• A surviving divorced spouse, under certain circumstances
• A spouse who cares for the deceased’s children who are under age 16
• A spouse who cares for the deceased’s disabled children
• An unmarried child of the deceased who is under age 18
• An unmarried child who is over age 18 but who has a disability that began before age 22
• A stepchild, grandchild, stepgrandchild, or adopted child raised by the deceased
• Parents over age 62 who were dependent on the deceased for a majority of their support

How Much Can I Draw on Survivor’s Benefits?

The amount of your loved one’s SSDI check depended on:

• Their employment history; and
• How much they paid into Social Security through payroll taxes

Based on this benefit amount, the Social Security Administration calculates the percentage of the full benefit a surviving family member can receive. This calculation includes:

• The deceased’s benefit amount; and
• The survivor’s age; and
• The survivor’s relationship to the deceased

In general, you can expect to receive:

• A spouse who is at least full retirement age will get 100 percent of their spouse’s benefit amount
• A spouse over age 60 but under full retirement age will receive more than 70 percent but less than 100 percent of their loved one’s benefits
• A spouse with a child under the age of 16 will receive 75 percent of their husband’s or wife’s benefits
• A child can draw 75 percent of their parent’s benefit amount.

It is important to note that there are limits on how much the Social Security Administration will pay out based on a single claim. Called Maximum Family Benefits, these limits may mean that, in families with three or more children and no surviving spouse, the children may receive a reduced benefit payment.

Survivor’s Benefits If Your Family Member Dies Before Getting Approved

In some cases, your family member may have filed for disability benefits but then passed away while waiting for approval. When this happens, their immediate family can continue a claim and ask for Survivor’s Benefits.

For example, imagine your spouse suffered from inoperable cancer. They recently applied for SSDI because they could not work, but they had not yet received approval. If you at least 62 years old or provide care for the children of the deceased who are under the age of 16, you should qualify for Survivor’s Benefits as soon as they approve your loved one’s claim.

You may also receive additional payments, such as back pay or retroactive pay they would have received. If you do not believe you are getting the fair amount of these payments or you believe your Survivor’s Benefits are incorrect, call Berger and Green today at 412-661-1400.

Berger and Green Can Help You Get the Disability Payments You Deserve

If you are a widow, widower, or another survivor of someone who was drawing disability benefits, you will need to apply for Survivor’s Benefits by contacting the local Social Security Field office or calling the Social Security Administration at 1-800-772-1213. We will review your qualifications with you and can help you with this process.

If the Social Security Administration denied your Survivor’s Benefits or you have questions about the benefit amount, reach out to us right away. We may be able to help you challenge the decision, but you only have a limited time.

Talk to a Pittsburgh Social Security Disability Attorney About Your Case

If you have questions or concerns about your SSDI Survivor’s Benefits or other benefits related to your disability claim or payments, the team from Berger and Green can help. Call or text us today at 412-661-1400 for a free case review.