404.461 Nonpayment of Lump Sum Death Benefit for Aliens Dying Outside the United States

Social Security is a crucial safety net for millions of Americans, providing financial support in the event of retirement, disability, or death.

However, the rules and regulations surrounding this program can be complex, especially for individuals who are not citizens of the United States.

In this article, we will examine the provisions described in Section 404.461 of the Social Security Act, which deals with the nonpayment of lump sum death benefits to aliens who die outside of the United States.

Under this section, if an individual dies outside the United States after January 1957 and no monthly benefit was or could have been paid to them for the month preceding the month in which they died, no lump-sum death payment may be made based on their earnings record.

It’s important to note that this provision applies only to aliens who die outside the United States and does not apply to citizens or residents of the United States.

If you are an alien who has lived and worked in the United States, it’s important to understand the rules and regulations surrounding your eligibility for Social Security benefits. In the event of your death, your family members may be eligible for survivor benefits, depending on their immigration status and other factors.

It’s always a good idea to consult with a Social Security expert or an immigration attorney if you have questions about your eligibility for benefits. They can help you navigate the complex rules and regulations and ensure that your family is taken care of in the event of your death.

Here’s an example to illustrate the provisions described in Section 404.461 of the Social Security Act:

Imagine a person named Juan, who is an alien and has lived and worked in the United States for several years. Juan has been paying into the Social Security system throughout his time in the country, building up a record of earnings.

Unfortunately, Juan passes away while on a trip outside the United States. At the time of his death, he had not received a monthly benefit from Social Security for the preceding month.

According to Section 404.461, because Juan died outside the United States and no monthly benefit was or could have been paid to him for the month preceding the month in which he died, his family is not eligible for a lump sum death payment based on Juan’s earnings record.

It’s important to note that this example is intended for illustration purposes only and is not a substitute for professional legal or financial advice. If you have questions about your eligibility for Social Security benefits, it’s always a good idea to speak with a qualified expert.

In conclusion, Section 404.461 of the Social Security Act provides important information for aliens who die outside the United States and have worked in the United States. Understanding these provisions can help ensure that your family is protected in the event of your death.

https://www.ssa.gov/OP_Home/cfr20/404/404-0461.htm