When a worker dies, the SSA (Social Security Administration) will stop his/her benefits, but his/her surviving spouse and parents are often eligible for survivor's benefits. A deceased worker’s eligible survivors typically include their spouse, minor or disabled children, and, in specific circumstances, dependent parents. The compensation helps you, as the dependent parent of a deceased child, to handle financial obligations that the deceased used to finance.
As the dependent parent of the deceased worker, you may qualify for death benefits as long as the worker was insured for Social Security benefits at the time of his/her death. To be “insured,” your loved one must have worked long enough to qualify for Social Security retirement benefits or SSDI (Social Security Disability Insurance).
That is true regardless of whether he/she was collecting these benefits at the time of his/her death. If you are a dependent parent of a deceased worker and are wondering whether you qualify for Social Security parental benefits, you are in the right place.
A Look at What Social Security Benefits Are
Social Security is a government program designed to provide specific financial benefits to retirees, older adults, individuals with disabilities, and other eligible individuals. Over the course of your working life, you will pay a certain percentage of your earnings to the government through social security taxes.
When you become disabled or retire, the government will send you monthly benefits, depending on how much you contributed to Social Security taxes during your employment or working duration. However, what will happen when you die and are insured to receive social security benefits? In this case, your surviving spouse, minor or disabled children, and, in limited circumstances, dependent parents or dependent grandchildren may receive survivor benefits.
Eligibility Criteria for Parental Social Security Parents' Benefits
To qualify for survivor benefits, you must provide evidence to prove that your child was offsetting at least half of your financial obligations up to when he/she died (or when he/she became an excellent candidate for disability). Additionally, you must also meet the following eligibility criteria:
- You must be at least sixty-two years old
- You have not married since the demise of your insured child
- You must have a qualifying relationship with the insured child
- You do not qualify for your own retirement benefits, which are more than the Social Security parents' survivor benefits
During your application for parents' survivor benefits, you must be ready to provide clear evidence to prove you meet the above eligibility criteria. That is why retaining the services of a seasoned Social Security attorney is crucial when applying for Social Security parents' survivor benefits after the death of your insured child.
Parental Relationships That Can Qualify You for Parent Death Benefits
To qualify for Social Security survivors' benefits following the demise of your child, he/she must either be your:
- The adopted child's adoption occurred before he/she turned sixteen years old
- The deceased must have been your biological child, and you must have been recognized as the legal parent under applicable law.
- Stepchild, and you were legally married to the biological parent of the deceased child before he/she turned sixteen years old
If your deceased child was insured and you are unsure whether or not you qualify for Social Security parents' death benefits, you should consult with a skilled attorney.
Why You Need an Attorney When Applying for Survivors' Benefits as a Dependent Parent
While applying for Social Security parent death benefits or appealing a denial does not require you to have an attorney, working with one is a decision you cannot regret. Having an attorney present throughout the entire application process can increase your chances of securing a desirable outcome.
Here is why hiring an attorney is crucial when applying for Social Security survivors' benefits following the death of your insured child:
- He/she can offer you legal advice
- He/she can help you prepare and file your initial application
- He/she can represent you during the hearing
- Help you file an appeal if necessary
Fortunately, most Social Security attorneys work on a contingency basis, meaning you will pay him/her once you win the case. Like any other type of legal claim, the sooner you hire an attorney, the higher your odds of securing a desirable outcome. When looking for a Social Security attorney to help you with your claim for survivor benefits as the dependent parent, you should consider his/her:
- Qualifications and experience
- Accessibility and availability
- Reputation and past client reviews
- Whether he/she is licensed
These tips can significantly reduce your options for finding a reliable attorney as soon as possible to begin your claim process for parents' death benefits.
How to Apply for Social Security Survivors' Benefits as a Dependent Parent
Unfortunately, you may not receive Social Security survivor benefits automatically without applying for them. To receive Social Security benefits as a dependent parent, you must file your application with SSA, which you must do in person or via the phone. Typically, you will need to provide proof of the insured person's death, which the funeral home can provide on your behalf.
If you want a funeral home to report your loved one's death to the SSA, you must provide them with the deceased's Social Security number. Once you schedule your appointment with SSA, you should prepare the following information as evidence to show that you are an excellent candidate for survivors' benefits as a dependent parent:
- Proof of your loved one's death
- Your loved one's birth certificate
- Tax returns or W-2s for the past year
- A proof of your U.S. citizenship or legal alien status
- Evidence of adoption if the deceased child was adopted
The specific type of document you need to submit when applying for Social Security survivor benefits as a dependent parent of the insured child depends on the type of relationship you had with him/her. For example, if the child was adopted, you must be ready to provide evidence to show the adoption was lawful and successful.
When applying for your dependent benefits with the SSA, you should have a checkbook or any other documentation that shows your account number at a credit union, bank, or any other financial institution to sign up for direct deposit.
It is worth noting that the SSA will not automatically accept your application for survivor benefits as a dependent parent. Adequate evidence and an attorney's legal representation during the application process can increase your odds of securing a desirable outcome.
When the SSA denies your application for survivors' benefits, your attorney can help you figure out the reason and file an appeal with all the required information. Generally speaking, you have up to sixty (60) days from the date you received a notice about your application status from the SSA to file an appeal.
How Long Do I Have to Provide the SSA with the Evidence of Parental Support?
The SSA will require you to provide them with adequate and clear evidence to show the support you received from the deceased child within two (2) years of the specific date he/she died. Meeting this requirement should not be a hassle because, without continued support from the deceased child, you will likely need to file for Social Security parent survivor benefits within two (2) years.
Also, you can attach the required documentation to prove the support you received from the deceased to the application, streamlining the process. However, this time constraint becomes a bit tricky if the deceased child was giving you financial support, but he/she later stopped after suffering an injury and becoming disabled. In this case, he/she could decide to go for Social Security Disability Insurance (SSDI).
That means when filing for Social Security parents' death benefits, you should be ready to provide the SSA with proof of the support you received from the deceased within the last two (2) years from the date he/she filed for disability benefits.
The SSA requires you to do so even if you were ineligible for survivor benefits at that time or the child had to wait for more than two years to receive disability benefits.
Exceptions to the Time Limit for Submitting Evidence to Show the SSA You Received Parental Support
Complying with the two-year window for filing your application for survivors' benefits as a dependent parent of a deceased child is crucial. However, you can still qualify to proceed with the application process after the expiry of this two-year window if:
- You have a “good cause” for filing late
- You are on active duty in the U.S. armed forces
If any of the following situations apply to you, the SSA will find a "good cause" and permit you to provide evidence that your deceased child was providing for you (after the expiry of the two-year deadline):
- You could not speak English
- You had a long-lasting illness or were physically and mentally ill or incapacitated
- The circumstances show that there is no way you could have reasonably known about the two-year time window
- You received wrong information from the SSA
- You experienced difficulties gathering specific evidence, like official records, due to reasons beyond your reasonable control
- Other issues beyond your reasonable control affected your ability to file your application for survivor benefits before the deadline
If you cannot demonstrate good cause, the SSA could agree to extend the time limit for applying for Social Security survivors' benefits as a dependent parent only if you are on active duty in the U.S. armed forces.
Understanding When the Social Security Parent's Survivor Benefits Will Start and End
You may be eligible for Social Security when you meet all the necessary requirements when making your application for these benefits. However, it is worth noting that you could lose your rights to survivors' benefits as the dependent parent when any of the following happens:
- You are now qualified to receive retirement benefits from Social Security
- You have decided to get married (except for certain “protected” marriages)
Generally speaking, the SSA will consider your marriage as protected when you marry someone who is entitled to any spousal, disabled child, widow's, or parent's Social Security payments. As long as your marriage is protected, remarrying will not affect your parental benefits.
Reasons That Could Make You Ineligible for Survivor Benefits as a Dependent Parent
Unfortunately, not all dependent parents of a deceased child qualify for Social Security survivor benefits, even if the deceased was insured. Several unusual circumstances could make you ineligible for these benefits, including the following:
- The court has convicted you of causing the unlawful death of an insured individual
- You have waived your rights to survivor benefits, or you fall into a category of individuals exempt from receiving benefits under federal law.
How to Check the Status of Social Security Survivors' Benefits Application
If you have applied for Social Security survivor benefits after the death of your child, you should frequently check the status of your application. You can do that online by visiting the SSA website, where you need to create your profile or account. Alternatively, you can check the status of your application by calling the SSA directly. Then, a representative will check the status of your application.
In either of these two ways, you will need to provide the following information if you want to know the status of your application for parental death benefits following the death of your insured child:
- Your Social Security number
- Your full name
- Your contact information, including your email and phone number
Find a Credible Social Security Attorney Near Me
Losing a child whom you were dependent on for financial support can be emotionally draining and stressful. However, you do not have to go through this process alone. With the help of an attorney, you can apply for Social Security survivors' benefits to ease the financial burden you are facing following the loss of your loved one.
We invite you to call our reliable attorneys at Leland Law at 866-449-6476 if you need quick and diligent legal representation on your Social Security claim in California.
