2. Survivors Benefits

What cash benefits are paid to you as a survivor of an insured worker?

When the insured worker dies, your cash benefits as an eligible survivor may be paid as follows:

1. Monthly widow(er)’s insurance benefits;
2. Monthly surviving child’s insurance benefits;
3. Monthly mother’s or father’s insurance benefits;
4. Monthly parent’s insurance benefits; and/or
5. Lump-sum death payment.

Your benefits rates are figured as a percentage of the deceased worker’s primary insurance amount.

What conditions affect survivor benefits?

The following conditions may affect your benefits as a survivor of an insured worker:

1. 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;
2. 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 ;
3. 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; and
4. 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.

When is a widow entitled to widow(er)’s insurance benefits?

You are entitled to widow(er)’s insurance benefits on a worker’s Social Security record if the following conditions are met:

1. You are either (1) age 60 or over; or (2) at least age 50 but not age 60 and disabled and you meet the disability-related requirements;
   Note: A widow(er) age 60-64 and under a disability is entitled to disabled widow(er)’s benefits for Medicare purposes.
2. The worker died fully insured;
3. You are not entitled to a retirement insurance benefit that is equal to or larger than the worker’s primary insurance amount;
4. You have filed an application for widow(er)’s insurance benefits;
5. You are not married or your marriage can be disregarded; and
6. One of the following conditions is met:
   1. You were married to the deceased worker for at least the nine months just before the worker died;
   2. You are the biological mother or father of the worker’s son or daughter (this requirement is met if a live child was born to you and the worker, even if the child did not survive);
   3. You legally adopted the worker’s son or daughter during your marriage and before the child reached age 18;
   4. You were married to the worker when you both legally adopted a child under age 18;
   5. The worker legally adopted your son or daughter during your marriage and before the child reached age 18; or
   6. In the month before the month you married the deceased worker, you were entitled or potentially entitled to either (1) spouse’s, widow(er)’s, father’s, mother’s, parent’s, or childhood disability benefits under the Social Security Act; or (2) widow(er)’s, child’s (age 18 or over), or parent’s insurance annuity under the Railroad Retirement Act.
      Note: You are “potentially entitled” if you meet all requirements for entitlement, other than the filing of an application and attainment of the required age.

What is the definition of a “widow(er)” for Social Security purposes?

You are considered a widow(er) of the insured person for Social Security purposes if:

1. Under applicable law, if at the time the insured person died:
   1. You and the insured person were validly married; or
   2. You would have the status of widow(er) with respect to the distribution of intestate personal property;
2. You entered into a ceremonial marriage with the insured person that was invalid under the law, provided that:
   1. You married the insured person in good faith, not knowing of any impediment to the marriage;
   2. You were living with the insured person in the same household at the time of his or her death;
      Note: This statement does not apply if you are divorced or if you were receiving spouse’s benefits at the time of the insured person’s death.
   3. For periods prior to January 1991, there is no other person who is or was entitled to monthly insurance benefits on the insured person’s earnings record and still has the status as a legal widow(er); and
   4. The invalid marriage resulted from either (1) a prior marriage or its dissolution; or (2) a defect in the procedure followed in connection with your marriage.

What does under “applicable law” mean?

Applicable law is either:

1. The law applied by the courts of the State where the insured person lived at the time he or she died; or
2. The law applied by the District of Columbia if the insured person was not living in any State at the time of his or her death.

When is a divorced spouse entitled to benefits on the worker’s Social Security record?

You are entitled to surviving divorced spouse’s insurance benefits on the deceased worker’s Social Security record if:

1. You are either (1) age 60 or over; or (2) at least age 50 but not age 60 and disabled and you meet the disability-related requirements;
2. The worker died fully insured;
3. You are not married; and
4. You meet certain requirements described above.

What is a “surviving divorced spouse”?

You are a “surviving divorced spouse” if you were married to the worker for 10 years just before the date the divorce became final. You meet this definition even if you were divorced within the 10-year period, provided you remarried the worker no later than the calendar year after the year of the divorce.

When are you NOT required to file an application for widow(er)’s benefits?

You do not need to file an application for widow(er)’s benefits if:

1. You have reached retirement age and you were entitled to spouse’s benefits for the month immediately before the month that your spouse died;
2. You were entitled to father’s or mother’s benefits for the month immediately before the month you reached retirement age; or
3. You were: (1) between ages 62 and retirement age at the time your spouse died and (2) entitled to spouse’s benefits, but not to disability or retirement benefits. The spouse’s benefits are automatically converted to widow(er)’s insurance benefits.

When must you file a certificate of election?

You must file a certificate of election to become entitled to widow(er)’s benefits if:

1. You are receiving reduced spouse’s (or divorced spouse’s) benefits and retirement or disability benefits in the month before the month of the worker’s death; and
2. You are between age 62 and retirement age in the month of the worker’s death.

Does the remarriage of a widower or surviving divorced spouse affect widow(er)’s benefits?

Your remarriage after age 60 does not prevent you from becoming entitled to benefits on your prior deceased spouse’s Social Security earnings record.

Does the remarriage of a disabled widower or surviving divorced spouse affect widow(er)’s benefits?

Your remarriage does not prevent you from becoming entitled to benefits on your prior deceased spouse’s Social Security earnings records as long as:

1. Your remarriage occurs after you turn 50; and
2. Your remarriage occurs after you become disabled.
   Note: If you remarry before you turn 50, you will not be entitled to survivor’s benefits, unless the marriage ends.

How does remarriage of a widow(er) or a surviving divorced spouse before age 60 affect widow(er)’s benefits?

If you remarry before age 60, you will not be entitled to survivor’s benefits, unless:

1. Your subsequent marriage ends, whether by death, divorce, or annulment; or
2. Your marriage occurred after age 50 and you were entitled to benefits as a disabled widow(er) or disabled surviving divorced spouse.

How does the termination of a remarriage of a widow(er) or surviving divorced spouse before age 60 affect widow(er)’s benefits?

If you remarry before you turn 60 and that marriage ends, you may become entitled or re-entitled to benefits on your prior deceased spouse’s earnings record. Your benefits begin the month the subsequent marriage ends.

How is the widow(er)’s benefit rate computed?

The widow(er)’s insurance benefit rate equals 100 percent of the deceased worker’s primary insurance amount plus any additional amount the deceased worker was entitled to because of delayed retirement credits.

When is the benefit rate less?

Your widow(er)’s insurance benefit payable may be less than what was computed above if any of the conditions below apply:

1. A reduction is necessary because the “family maximum” applies.
2. You are also entitled to a smaller retirement insurance or disability insurance benefit (only the difference between the larger widow(er)’s insurance benefit and the other benefit is payable as the widow(er)’s insurance benefit; however, this amount is payable in addition to the other benefit);
3. You are entitled for months before the month you reach retirement age;
4. You choose to receive and are paid a reduced widow(er)’s benefit for months before you reach retirement age. A reduced benefit rate is payable for as long as you are entitled to widow(er)’s benefits.
   Note: Entitlement to this reduced rate may result in a reduction in any disability or retirement insurance benefit to which you may later become entitled.
5. You are caring for your deceased spouse’s child and:
   1. The child is under age 16 or disabled;
   2. The child is entitled to child’s insurance benefits; and
   3. You have not reached retirement age. In this case, your widow(er)’s benefits are not reduced for those months below 75 percent of the deceased spouse’s primary insurance amount; or
6. The deceased worker was entitled to a reduced retirement benefit for the month before the month he or she died.

When will you NOT receive widow(er)’s insurance benefits?

Widow(er)’s insurance benefits may not be payable for some months if any of the conditions below apply:

1. You are under full retirement age, working, and earning more than the annual exempt amount;
2. You are under full retirement age and working outside the U.S. for more than 45 hours in a month;
3. You are under age 60 (i.e., entitlement is based on disability), and you refuse, without good cause, to accept vocational rehabilitation services;
4. You are an alien who is outside the U.S. more than six calendar months in a row;
5. You are an alien who is outside the U.S., and you were deported;
6. You are entitled to a governmental pension (Federal, State, or a political subdivision of a State not covered by Social Security) based on your own employment and:
   1. The entitlement requires offset against the Social Security payment; and
   2. Certain exceptions do not apply;
7. You are imprisoned within the U.S. for conviction of a felony, unless you are entitled based on disability;
   Note: You must be participating in a rehabilitation program that has been specifically approved for you by a court of law. It must be expected that you will be able to engage in substantial gainful activity upon your release within a reasonable time.
8. You do not have a Social Security Number, and you refuse to apply for one; or
9. You are in the United States, and you are neither a U.S. citizen nor an alien lawfully present.

When do your widow(er)’s benefits end?

Your widow(er)’s insurance benefits end when:

1. You die;
2. You become entitled to a retirement insurance benefit that is equal to or larger than the worker’s primary insurance amount;
3. For benefits payable prior to January 1991, you qualified only under the conditions explained above and monthly benefits were awarded on the same earnings record to another individual who either:
   1. Validly married the deceased worker; or
   2. Has the same status under State law with respect to the taking of intestate personal property as you would as the widow(er); or
4. Your disability ends. In this case, your last month of entitlement is the second month after the month in which your disability ended. However, your entitlement continues if you reach retirement age on or before the last day of the third month after your disability ends.

You are not entitled to widow(er)’s benefits for the month in which any one of the above events occurs, except as explained in (D).

Do benefits end or are they reduced upon remarriage?

Your benefits will not terminate or be reduced upon remarriage if:

1. You are a widow(er) or surviving divorced spouse age 60 or over; or
2. You are a disabled widow(er) or a disabled surviving divorced spouse age 50 or over. When is a surviving child entitled to child’s insurance benefits?

A surviving child is entitled to child’s insurance benefits if the conditions below are met:

1. The worker-parent died either fully or currently insured;
2. The child is the child of the deceased;
3. The child is:
   1. Under age 18;
   2. Under age 19 and a full-time elementary or secondary school student; or
   3. Age 18 or over and under a disability (which began before age 22); and
4. The child was dependent upon the deceased parent;
5. The child is not married; and
6. An application for child’s insurance benefits is filed.
   Note: An application is not required if the child was entitled to child’s insurance benefits on the deceased parent’s earnings record for the month before the month in which the parent died.

What is the definition of “child” for Social Security pur poses?

The term “child” includes the insured worker’s:

1. Natural (e.g., biological) legitimate child, or any other child who would have the right under applicable State law to inherit intestate personal property from the insured worker as his or her child;
   Note: Applicable State law is the law applied by the courts of the State where the insured worker was domiciled at the time of death. If the worker was not domiciled in any State, applicable State law is the law of the courts of the District of Columbia.
2. Stepchild;
3. Legally adopted child;
4. Child of an invalid ceremonial marriage;
5. Natural child, provided the insured worker:
   1. Has acknowledged in writing that the child is his or her son or daughter;
   2. Has been decreed by a court to be the parent of the child;
   3. Has been ordered by a court to contribute to the support of the child because the child is his or her son or daughter; or
   4. Has been shown to be the child’s father or mother by other reasonable evidence. The worker must have lived with the child or contributed to the child’s support or when the insured worker died; or
6. Dependent grandchild or step-grandchild.
   Note: The court action in (E) above must be made before the worker’s death.

How is the surviving child’s benefit rate computed?

The surviving child’s insurance benefit rate is three-fourths (.75) of the deceased parent’s primary insurance amount.

When is the benefit rate less?

The child’s insurance benefit may be less than above if the “family maximum” applies and all the benefits on that earnings record have to be reduced.

When are child’s insurance benefit NOT payable?

The child’s insurance benefit may not be payable for some months if any of the conditions below are met:

1. The child works and earns more than the yearly exempt amount ;
2. The child works outside the U.S. for more than 45 hours in a month;
3. The child is an alien who is outside the U.S. for more than six calendar months in a row;
4. The insured parent had been deported, and the child is an alien who is outside the U.S.;
5. The disabled child, age 18 or over, refuses to accept vocational rehabilitation services without good cause;
   Note: The child’s insurance benefit may be payable for all months while the disabled child is still under age 19, if a full-time student.
6. The disabled child, age 18 or over, is married to a retirement insurance beneficiary whose benefit is not payable because of work activity;
7. The disabled child, age 18 or over, is married to a disability insurance beneficiary whose benefit is not payable because of refusal to accept vocational rehabilitation services without good cause;
8. The child is confined within the U.S. in a jail, prison, or other penal institution or correctional facility for conviction of a felony;
   Note: The benefit may still be payable if the child is participating in a rehabilitation program that has been specifically approved for the child by a court of law. It must be expected that the child will be able to engage in substantial work upon release within a reasonable time.
9. The child does not have a Social Security Number, and the child or his or her parent, guardian, or person acting on the child’s behalf refuses to apply for one; or
10. The child is in the United States and is neither a U.S. citizen nor an alien lawfully present.

When do child’s insurance benefits end?

Surviving child’s insurance benefits end when any of the conditions below are met:

1. The child dies;
2. The child reaches age 18 and is neither under a disability nor a full-time elementary or secondary school student;
   Note: Entitlement to childhood disability benefits ends when the child age 18 or older is no longer under a disability that began before age 22. However, benefits may continue if the child is still under age 19 and a full-time elementary or secondary school student.
3. The child marries;
4. The child’s entitlement is based on a legal adoption and the adoption is annulled; or
5. The child is a stepchild of the worker, and the marriage between the worker and the stepchild’s parent ends in divorce.

The effective date of the termination of benefits is the month in which any of the above events occurs. However, a disabled child’s benefits terminate effective with the second month following the month in which he or she is no longer under a disability. Also, a stepchild’s benefits terminate effective with the month after the divorce becomes final.

When is a widow(er) entitled to father’s or mother’s insurance benefits?

As a widow(er), you are entitled to father’s or mother’s insurance benefits if all of the conditions below are met:

1. The insured worker died either fully or currently insured;
2. You have filed an application for father’s or mother’s insurance benefits;
   Note: No application is required if you were entitled to spouse’s insurance benefits for the month before the month in which the insured worker died.
3. You are not entitled to a retirement insurance benefit that is equal to or larger than the amount of the unadjusted father’s or mother’s insurance benefit;
4. You have in care a child of the deceased worker under age 16 or disabled who is entitled to child’s insurance benefits;
5. You are not married;
6. You are not entitled to widow(er)’s insurance benefits.

When is a surviving divorced spouse entitled to father’s or mother’s insurance benefits?

You are entitled to father’s or mother’s insurance benefits, as a surviving divorced spouse of a worker who died fully or currently insured, if you meet the following conditions:

1. You and the worker were validly married under State law, but the marriage ended in a final divorce;
2. You filed an application for father’s or mother’s insurance benefits;
   Note: No application is required if you were entitled to spouse’s benefits for the month before the month the worker died.
3. You are not married;
4. You are not entitled to widow(er)’s insurance benefits, or to a retirement insurance benefit that is equal to or larger than the father’s or mother’s full benefit;
5. You have in your care the worker’s child who is entitled to child’s insurance benefits and:
6. The child is your natural or legally adopted child;
7. The child is entitled to child’s insurance benefits on the worker’s earnings record; and
8. The child is under age 16 or disabled.

Effect of Remarriage—Father’s or Mother’s Insurance Benefits

How does remarriage affect father’s or mother’s insurance benefits?

If you receive father’s or mother’s benefits, your remarriage will generally end your entitlement. It also prevents any future entitlement to father’s or mother’s benefits on the prior deceased spouse’s Social Security record.

Can you be entitled if the remarriage ends?

You can be entitled or re-entitled to father’s or mother’s or surviving divorced father’s or mother’s benefits if your subsequent marriage ends by death, divorce, or annulment. Entitlement or re-entitlement to father’s or mother’s benefits begins with the month your subsequent marriage ends.

Amount of father’s or mother’s insurance benefit

How is the father’s or mother’s insurance benefit rate computed?

The father’s or mother’s insurance benefit rate is equal to three-fourths (.75) of the deceased worker’s primary insurance amount.

When is the benefit rate less?

You father’s or mother’s insurance benefit amount may be less if either of the conditions below are met:

1. A reduction is necessary because the family maximum applies; or
2. You are also entitled to a smaller retirement or disability insurance benefit. In this case, an amount equal to the difference between the father’s or mother’s benefit rate and the other benefit rate is payable as the father’s or mother’s benefit. This is paid in addition to the other benefit.

When are father’s or mother’s insurance benefits NOT payable?

Father’s or mother’s insurance benefits may not be payable for some months if any of the conditions below are met:

1. You work and earn more than the yearly exempt amount ;
2. You work outside the U.S. for more than 45 hours in a month;
3. You are an alien who is outside the U.S. for more than six calendar months in a row.;
4. The deceased worker had been deported and you are an alien who is outside the U.S.;
5. You do not have in care a child of the deceased worker under age 16 or disabled who is entitled to benefits on any Social Security record; or, if you are a surviving divorced father or mother, you do not have in care a child of the deceased worker who is:
   1. Your natural or legally adopted child;
   2. Under age 16 or disabled; and
   3. Entitled to benefits on the deceased worker’s record;
6. You are married to an individual entitled to retirement insurance benefits and those benefits are not payable because of that individual’s work activity;
7. You are married to an individual entitled to disability insurance benefits and those benefits are not payable because the individual either (1) refuses to accept vocational rehabilitation; or (2) is subject to workers’ compensation offset;
8. You are entitled to a governmental pension (Federal, State, or a political subdivision of a State not covered by Social Security) based on your own employment and:
   1. The entitlement requires offset against the Social Security payment; and
   2. Certain exceptions do not apply;
9. You are imprisoned within the U.S. for conviction of a felony;
10. You do not have a Social Security Number and you refuse to apply for one; or
11. You are in the United States, and you are neither a U.S. citizen nor an alien lawfully present.

When do father’s or mother’s insurance benefits end?

Your father’s or mother’s insurance benefits end if any of the conditions below are met:

1. There are no children of the deceased worker under age 16 or disabled who are entitled to a child’s insurance benefit;
2. If you are a surviving divorced father or mother, you have no natural or legally adopted child under age 16 or disabled who is entitled to a child’s insurance benefit on the deceased worker’s earnings record;
3. You become entitled to a widow(er)’s insurance benefit;
4. You die;
5. You become entitled to retirement insurance benefits in an amount equal to or greater than three-fourths (.75) of the spouse’s primary insurance amount;
6. You marry; or
   Note: If you marry a person entitled to retirement, disability, divorced spouse’s, widow(er)’s, father’s, mother’s, parent’s, or childhood disability benefits.
7. For benefits payable before January 1991:
   1. You were qualified for benefits only under the conditions explained above; and
   2. Your monthly benefits are awarded on the same earnings record to another individual who either:
      1. Is validly married to the worker; or
      2. Has the same status under State law with respect to the taking of intestate personal property as would a widow(er).

You are not entitled to father’s or mother’s insurance benefits for the month in which any of the terminating events above occur.

When is a parent of a deceased person entitled to par ent’s benefits?

You are entitled to parent’s benefits as a parent of a deceased insured person if the conditions below are met:

1. The insured person was fully insured at the time of death;
2. You file an application for parent’s benefits;
3. You have reached age 62;
4. You are not entitled to a retirement insurance benefit that is equal to or larger than the amount of the unadjusted parent’s insurance benefit after any increase to the minimum benefit;
5. You were receiving at least one-half support from the insured person at the applicable time;
6. You filed evidence that the support requirement was met with the Social Security Administration within the required time limit;
7. You have not remarried since the insured person’s death; and
8. One of the following conditions is met:
   1. You are a natural parent and would be eligible under the law of the State where the worker lived to share in the intestate personal property of the worker as the worker’s parent;/LI>
   2. You legally adopted the insured person before he or she turned 16; or /LI>
   3. You became the deceased’s stepparent by a marriage entered into before the deceased turned 16.

Who is considered a “parent” for Social Security pur poses?

You are considered the parent of the insured person if, under applicable State law, it is found that you have the status of parent with respect to the taking of intestate personal property at the time of the insured person’s death.

What does under “applicable State law” mean?

Applicable State law is either:

1. The law applied by the courts of the State where the insured person was domiciled at the time he or she died; or
2. The law applied by the District of Columbia if the insured person was not domiciled in any State at the time of his or her death.

When must the support requirement be met?

The support requirement must be met:

1. At the time that the insured person died; or
2. At the beginning of a period of disability that was established for the deceased if it continued up until the month that he or she died.

When must you file evidence of support?

You must file evidence of support within the two-year period:

1. After the date of the death of the insured person, if that point is being used; or
2. After the month in which the insured person had filed an application to establish a period of disability if that point is being used.

You must file evidence of support within the appropriate period, even if you may not be eligible for benefits at that time (e.g., you have not reached retirement age). The time limit may be extended for good cause.

How is the parent’s insurance benefit rate computed?

The parent’s insurance benefit rate, if only one parent is entitled to benefits, equals to 82 1/2 percent (.825) of the deceased worker’s primary insurance amount.

The parent’s insurance benefit rate, if two parents are entitled to benefits on the same earnings record, equals 75 percent (.75) of the deceased worker’s primary insurance amount. Each parent receives this amount.

When is the benefit rate less?

There is no actuarial reduction of benefits payable for months before you turn 65. However, your benefit payable may be less if any of the conditions below are met:

1. The “family maximum” is involved. In this case, all benefits payable on the earnings record may be reduced;
2. You are entitled to a retirement or disability insurance benefit that is less than the parent’s insurance benefit. In this case, only the difference between the amount of the parent’s insurance benefit and the other benefit is payable as your insurance benefit.

When are parent’s insurance benefits NOT payable?

You parent’s insurance benefits may not be payable for some months if:

1. You are under FRA, working, and earning more than the exempt amount;
2. You work outside the U.S. for more than 45 hours in a month;
3. You are an alien who is outside the U.S. for more than six calendar months in a row;
4. The worker had been deported, and you are an alien who is outside the U.S.; or
5. You are imprisoned within the U.S. for conviction of a felony.

When do parent’s insurance benefits end?

Your parent’s insurance benefits end if any of the conditions below are met:

1. You die;
2. You become entitled to a retirement insurance benefit that is equal to or larger than the amount of the unadjusted parent’s insurance benefit; or
3. You marry.

You are not entitled to parent’s insurance benefits for the month in which any of the above events occurs.

When is a lump-sum death payment paid?

A lump-sum death payment may be made on the Social Security record of a worker who dies either fully or currently insured. The lump-sum is a one-time payment of $255. It is paid in addition to any monthly survivors insurance benefits that are due.

When will you NOT receive a lump-sum death payment?

You cannot be paid a lump-sum death payment on the Social Security record of a deceased worker, regardless of his or her insured status, if any of the following conditions are met:

1. The worker was deported after September 1, 1954, and, at the time of death, was not lawfully readmitted to the U.S.;
2. The worker could not have been paid a monthly benefit for the month before the month in which he or she died. At that time, the worker was an alien who was outside the U.S. for more than six calendar months in a row;
3. You were convicted of the felonious homicide of the worker;
4. The worker was granted a tax exemption as a member of a religious group, which has not ended; or
5. The Railroad Retirement Board has jurisdiction in the survivor’s claim; or has already paid a lump-sum death payment.

When is a lump-sum paid to the surviving widow(er)?

You are eligible for the lump-sum death payment based on your relationship with the worker as husband and wife if both of the following conditions are met:

1. You were living in the same household as the worker when the worker died. This rule also applies when there is an absence; and
2. You filed an application for the lump-sum within the required time limit.

Who receives the lump-sum death payment if there is no spouse living in the household?

Providing he or she is entitled to or eligible for benefits as a widow(er), mother, or father for the month the worker dies, the lump-sum is payable to a surviving spouse not living with the deceased worker at time of death if

1. There is no spouse living in the same household with the worker when he or she died; or
2. The surviving spouse dies before the lump-sum is paid.

Who is considered an “eligible” person?

An “eligible” person is one who would have been entitled to benefits had a timely application been filed.

Can the lump-sum be paid to a divorced spouse?

No, the lump-sum is not payable to a divorced spouse.

Can the lump-sum be paid to children?

If there is no spouse to receive the lump-sum death payment, the lump-sum is payable to a child or the children of the deceased worker. The child or children must have been entitled to or eligible for benefits on the deceased’s earnings record for the month the worker died.

How is the lump-sum paid if there is more than one child?

In the case of several children, each child is eligible for an equal share of the lump-sum.

What happens if one or more eligible children do not apply for the lump-sum?

If one or more of the children choose not to apply, those children who do apply are paid only their equal share of the lump-sum. The unpaid balance remains unpaid, unless those children who originally chose not to apply later decide to do so.

When must you file the application for the lump-sum?

You must file the application for the lump-sum death payment within the two-year period ending with the second anniversary of the insured person’s death. The filing period may be extended under certain conditions.

Who must file an application for the lump-sum payment?

You must file an application for the lump-sum death payment if:

1. You are not entitled to wife’s or husband’s benefits on the deceased person’s Social Security record for the month just before the month in which the insured person died; or
2. You are a child.
   >Note: If more than one child is entitled to the lump-sum, each child must apply to receive his or her share of the payment.

When do you NOT need to file an application for the lump-sum?

You do not need to file an application for the lump-sum as a widow(er) if you were entitled to wife’s or husband’s benefits on the deceased person’s Social Security record for the month just before the month in which the insured person died.