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When the insured worker dies, your cash benefits as an eligible survivor may be paid as follows:
Monthly surviving child's insurance benefits (see §§410-414);
Monthly mother's or father's insurance benefits (see §§ 415-420);
Your benefits rates are figured as a percentage of the deceased worker's primary insurance amount. (See §700.)
The following conditions may affect your benefits as a survivor of an insured worker:
If the deceased worker was insured under the Railroad Retirement Act, your benefits may be payable under that Act rather than under the Social Security Act. (See Chapter 23.);
If you or the insured worker was granted a tax exemption as a member of a religious group, whose members oppose insurance plans such as Social Security, you may not be eligible for survivor benefits. If you are eligible, your benefits may be smaller (See §1128.);
If you were convicted of the felonious and intentional homicide of the worker, you cannot become entitled to monthly benefits or the lump-sum death payment payable on the deceased's Social Security earnings record. (See §1722.); and
If you are a minor convicted of intentionally causing your parent's death, you may be denied survivor benefits on the earnings record of your parent.
(See §1837 and §1847 on how conviction by a court for an offense involving subversive activities and residence in a restricted country affect the payment of benefits.)
Last Revised: March, 2001
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Last reviewed or modified Monday Jan 14, 2008 |