Understanding Eligibility for Lump-Sum Death Payments as a Widow or Widower, § 404.391

Losing a spouse is a challenging experience, and dealing with the financial aspects can be daunting.

One potential source of financial assistance is the lump-sum death payment offered by the Social Security Administration (SSA). In this blog post, we will explain the eligibility criteria for widows and widowers to receive this payment and help you understand the process.

Eligibility Criteria:

To be entitled to the lump-sum death payment as a widow or widower who was living in the same household, you must meet the following criteria:

1. Marital Relationship:

You must be the widow or widower of the deceased insured individual based upon a relationship described in § 404.345 or § 404.346. These sections outline the qualifications for being considered a widow or widower, such as the legal marriage duration, and your relationship status at the time of your spouse’s death.

2. Application Deadline:

You need to apply for this payment within two years after the date of the insured’s death. However, if you were entitled to wife’s or husband’s benefits on the deceased’s earnings record in the month prior to their death, you do not need to apply again.

3. Living in the Same Household:

At the time of the insured’s death, you must have been living in the same household with them. The term “living in the same household” is defined in § 404.347, which generally means sharing a residence and having a marital relationship.

Example:

Jane and John were married for 20 years before John’s unexpected passing. At the time of John’s death, they were living together in their family home. Jane was receiving wife’s benefits on John’s earnings record in the month before his passing.

After John’s death, Jane decided to apply for the lump-sum death payment. To determine her eligibility, she reviewed the criteria:

1. Marital Relationship:

Jane and John were legally married, and their relationship met the qualifications outlined in § 404.345 and § 404.346. As a result, Jane was considered John’s widow.

2. Application Deadline:

John passed away on June 15, 2023. Jane submitted her application for the lump-sum death payment on August 10, 2023. As this was within two years after John’s death, Jane met the application deadline criteria. Additionally, since she was already receiving wife’s benefits on John’s earnings record, she technically didn’t need to apply again, but doing so provided additional documentation to support her claim.

3. Living in the Same Household:

Jane and John were living together in their family home at the time of John’s death. They shared the residence and maintained a marital relationship, meeting the definition of “living in the same household” as defined in § 404.347.

Conclusion:

In this example, Jane was able to successfully apply for and receive the lump-sum death payment based on her eligibility as John’s widow. By understanding the eligibility criteria and ensuring that she met all the necessary requirements, Jane was able to secure financial support during a challenging time. If you find yourself in a similar situation, make sure you understand the criteria and deadlines to apply for the lump-sum death payment to help ease your financial burden

Conclusion: Understanding the eligibility criteria for the lump-sum death payment can provide financial relief during a challenging time. If you are a widow or widower who was living in the same household as the deceased insured individual, ensure that you meet the outlined criteria before applying for the lump-sum death payment. It is essential to be aware of the application deadline and the requirements for proving your marital relationship to avoid any delays in receiving the benefits you may be entitled to.

https://www.ssa.gov/OP_Home/cfr20/404/404-0391.htm