married to the deceased worker for at least nine months just before the worker died. (A surviving divorced spouse must have been married to the worker for 10 years immediately before the date the final divorce became effective.) If the insured worker’s death was caused by the disaster, the 9-month requirement is likely to be waived.
Social Security Death Benefit A lump-sum death benefit of $255 may be paid upon the death of a person who
has worked long enough to be insured under the Social Security program. A worker is insured if she has at least 40 earnings credits (10 years of work). The lump-sum death benefit can be paid upon the death of the insured person even if they were not receiving retirement or disability benefits at the time of death.
This payment goes to a spouse who was living with the worker at the time of
death, or to a spouse who, in the month of death, is eligible for certain Social Security benefits based on the worker’s record. Surviving children can only receive a death benefit if no spouse is entitled to the benefit and in the month of death and the child is eligible for a Social Security benefit based on the worker's record. If no spouse or child meeting these requirements exists, then the lump sum death payment will not be paid.
To file for the benefit, call 1-800-772-1213 and request an appointment.
Supplemental Security Income (SSI) The SSI program provides monthly income to people who are age 65 or older, or
are blind or disabled, and have limited income and financial resources. Effective January 2006 the SSI payment for an eligible individual is $603 per month and $904 per month for an eligible couple for most states. If you are married, and only one person is eligible, your benefits may be less if a portion of your spouse’s income is counted against you. In addition, your financial resources (savings and assets you own) cannot be more than $2,000 ($3,000 if married). Note that any benefits from FEMA should not count towards this resource limit. You can be eligible for SSI even if you have never worked in employment covered under Social Security.
Generally, to be eligible for SSI, an individual also must be a resident of the
United States and must be a citizen or a person lawfully admitted for permanent residence. Other non-citizens can only get SSI under certain circumstances.
A person can start an application by calling the Social Security Administration's
toll-free telephone number 1-800-772-1213. Once Social Security has all the necessary documentation, such as proof of age and medical evidence of disability, it will send a written decision. If an applicant wants to appeal, she must ask for a hearing before an Administrative Law Judge within 60 days of the date of the initial decision. At this point she should obtain legal advice and/or representation from Neighborhood Legal Services or the private bar.
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