No Death Benefit For Spouse Of Deceased Husband Engaged In Extramarital Relationship.

Question: Following the recent passing of my husband after our 49 years of marriage, I applied for widows benefits and successfully started receiving them. However, I received a letter informing me that I am not eligible for the $255 death benefit. According to the Social Security administration, this is due to the fact that we were not living together at the time of his death. It is regrettable that my husband had been living with another woman for several years prior to his passing. Nevertheless, I find it perplexing that I am entitled to his monthly widow benefits, yet I am not eligible for the burial benefit. Can you please explain the reasoning behind this decision?

Answer: Certainly, I can. The exclusion of the $255 death benefit in your case is connected to the unique history of this particular benefit. To provide a comprehensive explanation, it is necessary to delve into some historical background. Originally, the benefit was not intended as a death benefit or a burial benefit, as it is frequently referred to nowadays.

In the course of creating the original Social Security Act in 1935, Congress recognized that many individuals would pass away before having a chance to collect Social Security benefits. Additionally, some individuals might not earn enough quarters of coverage to be eligible for survivor benefits on behalf of their dependents. In response to this, Congress established a one-time benefit known as the lump sum death payment. Its primary purpose was to reimburse families for the Social Security taxes paid by the deceased. Initially, the reimbursement amount was set at 3.5% of the contributions made.

This benefit was designed to be temporary, as Congress anticipated that most workers would accumulate enough contributions over time to secure survivor benefits for their families. In other words, when a taxpayer passed away, the widow or widower, along with any minor children, would receive monthly benefits, rendering the lump sum payout obsolete.

However, as is often the case with government programs, once a benefit is introduced, it becomes difficult to remove. Over the years, there have been numerous proposals to eliminate the lump sum death payment. Despite the benefit’s frugality, it remains a popular feature of the Social Security program. Politicians quickly learned that attempting to alter this benefit would lead to electoral defeat. Thus, the temporary benefit persisted.

Nevertheless, Congress made a few minor adjustments to the original law over time. In 1954, the benefit was capped at $255, and it has remained at that level ever since. Furthermore, in 1983, when policymakers sought ways to save money within the Social Security system, eligibility for the one-time death payment was limited to surviving spouses who were living with the deceased at the time of death. Consequently, due to the circumstance that your husband was cohabiting with another woman at the time of his passing, you are not eligible for the death benefit.

In contemporary terms, we are left with an insignificant one-time payment burdened by restrictions. Perhaps 50 years ago, $255 would have covered the cost of a funeral, but it currently barely extends to cover the price of flowers. If I had authority over the Social Security program, I would opt for one of two alternatives. Either I would raise the death benefit to a meaningful amount, such as $2,500, or I would eliminate it entirely.

However, as a columnist and not a decision-maker, my role is solely to clarify the law and address any inquiries you may have. Here are a few additional questions:

Question: Following the recent demise of my wife, who had been a homemaker throughout her life, she was receiving spousal benefits based on my record. The process of halting her Social Security checks went smoothly. Nonetheless, I have two questions. Firstly, when can I expect to receive the $255 death benefit? Secondly, will my own benefits increase to account for the spousal share that was deducted from my checks?

Answer: I regret to inform you that the $255 death benefit is exclusively granted to individuals who have worked and paid Social Security taxes. It appears that your wife did not fulfill these criteria, as she was only receiving spousal benefits and not her own Social Security benefits. The funds allocated to a spouse in such cases are considered additional benefits, meaning they do not affect the rate of your retirement benefits. Therefore, your retirement benefit rate will remain unchanged.

Question: My husband passed away five years ago when I was in my late 50s. I have no recollection of receiving the death benefit. Is it automatically provided?

Answer: No, the death benefit is not automatically granted. An application must be submitted to claim the death benefit. It is possible that it may be too late to apply for this benefit now. To ascertain your eligibility, I recommend contacting the Social Security administration at 800-772-1213.

Question: My father passed away on June 25. Despite being divorced, my parents maintained a close friendship. My mother applied for and commenced receiving divorced widows benefits based on my father’s record. I have two questions in this regard. Firstly, why was she required to return his June check? Secondly, why did she not receive the $255 death benefit?

Answer: The June check had to be returned because Social Security benefits are not apportioned based on partial months. As your father did not live for the entire month of June, the payment for that particular month had to be returned. However, there is a bright side to this situation. Your mother began receiving divorced widows benefits for the entire month of June, even though she was officially considered a widow for only five days during that month.

As for the death benefit, the law stipulates that it can only be awarded to a widow who was living with the deceased at the time of death. Presuming that your divorced parents were not cohabiting at the time, your mother is ineligible for the $255 death benefit.