THE FOLLOWING LEGAL STUDY ARTICLE POSTING IS INTENDED TO SUPPORT AWARENESS AND UNDERSTANDING. IT IS ONLY A PRELIMINARY LEVEL LEGAL STUDY ARTICLE AND IT IS NOT LEGAL ADVICE. IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.
The Value Of One’s Social Security Survivor Benefits For A Surviving Spouse With A Dependent Child May Be Higher Than The Value Of One’s Individual Life Insurance Policy.
A. Every natural child, legally adopted child, stepchild, grandchild, step grandchild, or equitably adopted child of an individual who dies a fully or currently insured individual under Social Security is entitled to a child’s benefit on the earnings record of that individual if that child was dependent upon that insured, is unmarried, applies for child insurance benefits and , at the time such application is filed, is unmarried and either has not attained the age of 18; is 18 years old or older and has a disability that began before he or she became 22 years old; or is 18 years or older and qualifies for benefits as a full-time elementary or secondary school student.
- Child’s Relationship To The Insured.
You may be related to the insured person in one of several ways and be entitled to benefits as his or her child, i.e., as a natural child, legally adopted child, stepchild, grandchild, step grandchild, or equitably adopted child…
See 20 CFR § 404.354.
- Determination Of Fully Insured Status.
(a) General. We describe how we determine the number of quarters of coverage (QCs) you need to be fully insured in paragraphs (b), …
(b) How many QCs you need to be fully insured. (1) You need at least 6 QCs but not more than 40 QCs to be fully insured. A person who died before 1951 with at least 6 QCs is fully insured.
(3) A person who is otherwise eligible for survivor’s benefits and who files an application will be entitled to benefits based on your earnings if you die fully insured. You will be fully insured if you had one QC (whenever acquired) for each calendar year elapsing after 1950 or, if later, after the year you became age 21, and before the earlier of the following years:
(i) The year you die; …
(e) When your fully insured status begins. You are fully insured as of the first day of the calendar quarter in which you acquire the last needed QC ….
See 20 CFR § 404.110.
3. Entitlement To The Child’s Survivor Insurance Benefit
(d) Child’s insurance benefits
(1) Every child ….of an individual who dies a fully or currently insured individual, if such child
(A ) has filed application for child’s insurance benefits,
(B ) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time elementary or secondary school student and had not attained the age of 19,…,and
(C ) was dependent upon such individual—
(ii) if such individual has died, at the time of such death, …
See 42 U.S. Code § 402
(a) General. You are entitled to child’s benefits on the earnings record of an insured person who ….has died if—
(1) You are the insured person’s child, …
(2) You are dependent on the insured, …
(3) You apply;
(4) You are unmarried; and
(5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student ….
See 20 CFR § 404.350.
B. A child’s survivor insurance benefit is equal to three-fourths of the primary insurance amount of the individual on the basis of whose wages and self employment income the child is entitled to such benefit .
(d) Child’s insurance benefits
(2) Such child’s insurance benefit for each month shall, if the individual on the basis of whose wages and self employment income the child is entitled to such benefit has …died in or prior to such month, be equal to three-fourths of the primary insurance amount of such individual.
See 42 U.S. Code § 402
C. A mother or father is entitled to a survivor’ s insurance benefit under social security as the surviving spouse of an insured individual if that surviving spouse is not married; is not entitled to a surviving spouse’s benefit; is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits each of which is less than three-fourths of the primary insurance amount of such individual; has filed application for mother’s or father’s insurance benefits, or was entitled to a spouse’s insurance benefit on the basis of the wages and self employment income of such individual for the month preceding the month in which such individual died; and, at the time of filing such application, has in his or her care a child of such individual entitled to a child’s insurance benefit.
1. Entitlement To The Mother’s Or Father’s Insurance Benefit As A Surviving Spouse
(g) Mother’s and father’s insurance benefits
(1) The surviving spouse … of an individual who died a fully or currently insured individual, if such surviving spouse …
(A) is not married,
(B) is not entitled to a surviving spouse’s insurance benefit,
(C) is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits each of which is less than three-fourths of the primary insurance amount of such individual,
(D) has filed application for mother’s or father’s insurance benefits, or was entitled to a spouse’s insurance benefit on the basis of the wages and self employment of such individual for the month preceding the month in which such individual died,
(E) at the time of filing such application has in his or her care a child of such individual entitled to a child’s insurance benefit, ..
See 42 U.S. Code § 402
You may be entitled as the widow or widower to mother’s or father’s benefits on the earnings record of someone who was fully or currently insured when he or she died. You are entitled to these benefits if—
(a) You are the widow or widower of the insured …;
(b) You apply for these benefits; or you were entitled to wife’s benefits for the month before the insured died;
(c) You are unmarried;
(d) You are not entitled to widow’s or widower’s benefits, or to an old-age benefit that is equal to or larger than the full mother’s or father’s benefit; and
(e) You have in your care the insured’s child who is entitled to child’s benefits and he or she is under 16 years old or is disabled. ….
See 20 CFR § 404.339.
D. You are entitled to a mother’s or father’s survivor insurance benefit beginning with the first month covered by your application in which you meet all the other requirements for entitlement. Your entitlement to benefits ends with the month before the month in which one of the following events first occurs: (1) You become entitled to a widow’s or widower’s benefit or to an old-age benefit that is equal to or larger than the full mother’s or father’s benefit. (2) There is no longer a child of the insured who is under age 16 or disabled and entitled to a child’s benefit on the insured’s earnings record. …(3) You remarry. Your benefits will not end, however, if you marry someone entitled to old-age, disability, wife’s, husband’s, widow’s, widower’s, father’s, mother’s, parent’s or disabled child’s benefits (4) You die.
(a) You are entitled to mother’s or father’s benefits beginning with the first month covered by your application in which you meet all the other requirements for entitlement.
(b) Your entitlement to benefits ends with the month before the month in which one of the following events first occurs:
(1) You become entitled to a widow’s or widower’s benefit or to an old-age benefit that is equal to or larger than the full mother’s or father’s benefit.
(2) There is no longer a child of the insured who is under age 16 or disabled and entitled to a child’s benefit on the insured’s earnings record. ….
(3) You remarry. Your benefits will not end, however, if you marry someone entitled to old-age, disability, wife’s, husband’s, widow’s, widower’s, father’s, mother’s, parent’s or disabled child’s benefits.
(4) You die.
See 20 CFR § 404.341.
E. A mother’s or father’s survivor insurance benefit for each month shall be equal to three-fourths of the insured person’s primary insurance amount.
1. Mother’s and Father’s Benefit Amounts
(g) Mother’s and father’s insurance benefits
(2) Such mother’s or father’s insurance benefit for each month shall be equal to three-fourths of the primary insurance amount of such deceased individual.
See 42 U.S. Code § 402
Your mother’s or father’s monthly benefit is equal to 75 percent of the insured person’s primary insurance amount. …
See 20 CFR § 404.342.
F. Generally your old-age, wife’s, husband’s, widow’s, or widower’s insurance benefits are reduced if entitlement begins before the month you attain full retirement age. However, your benefits as a wife or husband are not reduced for any month in which you have in your care a child of the worker on whose earnings record you are entitled. The child must be entitled to child’s benefits. Similarly, your benefits as a widow or widower are not reduced below the benefit amount you would receive as a mother or father for any month in which you have in your care a child of the worker on whose record you are entitled. The child must be entitled to child’s benefits.
Generally your old-age, wife’s, husband’s, widow’s, or widower’s benefits are reduced if entitlement begins before the month you attain full retirement age… however, your benefits as a wife or husband are not reduced for any month in which you have in your care a child of the worker on whose earnings record you are entitled. The child must be entitled to child’s benefits. Your benefits as a widow or widower are not reduced below the benefit amount you would receive as a mother or father for any month in which you have in your care a child of the worker on whose record you are entitled. The child must be entitled to child’s benefits.
See 20 CFR § 404.410.
G. The Social Security Act limits the amount of monthly insurance benefits that can be paid for any month based on the earnings of an insured individual. If the total benefits to which all persons are entitled on one earnings record exceed a maximum amount prescribed by law, then those benefits must be reduced so that they do not exceed that maximum. If a reduction of monthly benefits is required , the monthly benefit amount of each of the persons entitled to a monthly benefit on the same earnings record (with the exception of the individual entitled to old-age or disability insurance benefits) is proportionately reduced so that the total benefits that can be paid in 1 month (including an amount equal to the primary insurance amount of the old-age or disability insurance beneficiary, when applicable) does not exceed the maximum family benefit.
1. Reduction where total monthly benefits exceed maximum family benefits payable.
(a) General.
(1) The Social Security Act limits the amount of monthly benefits that can be paid for any month based on the earnings of an insured individual. If the total benefits to which all persons are entitled on one earnings record exceed a maximum amount prescribed by law, then those benefits must be reduced so that they do not exceed that maximum.
(2) The method of determining the total benefits payable (the family maximum) depends on when the insured individual died ….,
(c) … dies in 1979. If an insured individual … dies in 1979, the monthly maximum is as follows—
(1) 150 percent of the first $230 of the individual’s primary insurance amount, plus
(2) 272 percent of the primary insurance amount over $230 but not over $332, plus
(3) 134 percent of the primary insurance amount over $332 but not over $433, plus
(4) 175 percent of the primary insurance amount over $433.
If the total of this computation is not a multiple of $0.10, it will be rounded to the next lower multiple of $0.10.
(d) … dies after 1979. (1) If an insured individual …. dies after 1979, the monthly maximum is computed as in paragraph (c) of this section. However, the dollar amounts shown there will be updated each year as average earnings rise. ….. (2) Before November 2 of each calendar year after 1978, the Commissioner will publish in the Federal Register the formula and updated dollar amounts to be used for determining the monthly maximum for the following year.
See 20 CFR § 404.403.
2. How reduction for maximum affects insured individual and other persons entitled on his earnings record.
If a reduction of monthly benefits is required under the provisions of § 404.403, the monthly benefit amount of each of the persons entitled to a monthly benefits on the same earnings record (with the exception of the individual entitled to old-age or disability insurance benefits) is proportionately reduced so that the total benefits that can be paid in 1 month (including an amount equal to the primary insurance amount of the old-age or disability insurance beneficiary, when applicable) does not exceed the maximum family benefit (except as provided in § 404.405 where various savings clause provisions are described).
See 20 CFR § 404.404.
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