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Who, of all the survivors to my husband who passed away, are eligible to receive his Social Security benefits?

Dallas, TX |

My husband passed away a month ago. He left me and two children who are still under the age of 18. Who are eligible to receive his Social Security benefits as his survivors?


Attorney Answers 2


You and your children can apply to collect benefits based on your deceased husband's account.

The amount you will recieve is based on the earnings that your husband made during his lifetime. So, the more your husband paid in, the higher the benefit amount.

The Social Security Adminsitration gives the most typical situations:
•A widow or widower, at full retirement age or older, generally receives 100 percent of the worker’s basic benefit amount;
•A widow or widower, age 60 or older, but under full retirement age, receives about 71-99 percent of the worker’s basic benefit amount; or
•A widow or widower, any age, with a child younger than age 16, receives 75 percent of the worker’s benefit amount.
•Children receive 75 percent of the worker’s benefit amount.

However, there is a limit per family for the percentage of benefits that can be collected. However, it is generally between 150 and 180 percent of the deceased’s benefit amount.

This answer contains general information only; and it is not intended as legal advice. It is not intended to and does not create an attorney client relationship. Information contained here is only a starting point and you should consider discussing your specific problem in depth with a licensed attorney.

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Sorry to hear of your loss.

Great information from Attorney Schneider, that should be quite helpful to you.

Here is a link to the SSA page on survivors benefits:

Take good care.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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