When a loved one dies, family may not think of money first. However, depending on the circumstances, the dissemination of death benefits may help alleviate funeral expenses or even provide for family members left behind. Are you informed regarding your eligibility for death benefits?
What Death Benefits Are Available?
Although the period immediately after a death is a trying time, it is often the best time to do your research regarding death benefits – once the completed death certificate is in your hand, you should begin applications. In most cases, funeral directors can ask surviving families about any death benefits, as well as provide guidance regarding applications. Consider whether your loved one may have been eligible for any of these benefits:
- Life insurance survivor’s benefits
- Social Security benefits
- Workers’ compensation benefits
- Veterans’ benefits
- Pension or retirement benefits
While life insurance survivor’s benefits, veterans’ benefits, and pension and retirement benefits are specific to the deceased person’s life insurance plan and place of employment, workers’ comp and Social Security benefits follow a relatively strict set of rules.
Workers’ Compensation Benefits
If your loved one died as the result of a work-related illness or injury, you may be able to collect California workers’ comp death benefits. In order to collect benefits, you must be financially dependent on the deceased and a close member of his or her family. Recipients can include:
- Spouses
- Children, stepchildren, and adopted children
- Grandchildren
- Parents or parents-in-law
- Grandparents
- Aunts, uncles, nieces, and nephews
However, each recipient must depend on the deceased for financial survival. Minor children, disabled children of any age, and spouses earning less than $30,000 per year are automatically 100% dependent. In the event multiple dependents exist, the state will divide benefits between them based on level of dependency.
In order to file a workers’ comp death benefit claim, you must prove your financial dependence on the deceased. You must file claims within a year of the death, and no more than 240 weeks from the date of the original injury.
Social Security Benefits
Social Security distributes two, distinct benefits – the death benefit, and survivor benefits.
The Social Security death benefit is a one-time, $255 payment which can only go to a surviving spouse or child. Separated spouses may still claim eligibility for the benefit if they were living with the deceased at the time of death or were eligible for survivor’s benefits on the deceased person’s work record. SSA declares children eligible in the absence of an eligible spouse, but any children must be eligible for benefits – a minor, an unmarried 18- or 19-year-old in high school, or a disabled, unmarried adult.
Social Security calculates survivor benefits based on the deceased person’s work history – workers earning at least $5,440 per year have earned all four of the work credits possible in a given year. Typically, a worker must earn 40 work credits for Social Security benefits, though the number decreases for younger workers.
Family members most often eligible for survivor’s benefits are:
- Widows aged 60 or older, including some divorced spouses and disabled widows 50 or older
- Widows at any age caring for the deceased individual’s children 16 and under, or disabled children
- Unmarried, minor children or children aged 18 and 19 if they enroll in high school
- Unmarried, disabled children of any age so long as the disability was present before age 22
- Stepchildren, grandchildren, or adopted children under certain circumstances
- Dependent parents under certain circumstances
For both death and survivor’s benefits, you must notify SSA of the death. Most funeral homes will report the death if supplied with the deceased person’s Social Security number. Alternatively, you can call SSA yourself or visit the nearest SSA office in person. For questions about your specific case, reach out to our Orange County injury lawyers at Bentley & More, LLP for a free consultation!
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