Understanding Lump-Sum Death Payments: Who is Entitled When There’s No Surviving Widow(er)? § 404.392

The Social Security Administration (SSA) provides a one-time lump-sum death payment to eligible survivors when an insured individual passes away.

This payment helps cover immediate expenses related to the deceased’s passing. This blog post aims to clarify who is entitled to receive the lump-sum death payment when there is no surviving widow(er) living in the same household.

Eligibility for Lump-Sum Death Payment:

In the absence of a surviving widow(er) who meets the requirements of § 404.391, the lump-sum death payment is distributed according to the following guidelines:

1. Widow’s, Widower’s, Mother’s, or Father’s Benefits Recipients

The payment will be given to a person who is entitled to (or would have been entitled to if they had filed a timely application) widow’s or widower’s benefits (§ 404.335) or mother’s or father’s benefits (§ 404.339) based on the deceased worker’s work record for the month of the worker’s death.

2. Child’s Benefits Recipients

If no one from the first category survives, the lump-sum death payment will be equally distributed among individuals entitled to (or would have been entitled to if they had filed a timely application) child’s benefits (§ 404.350) on the deceased worker’s work record for the month of the worker’s death.

Application Requirements:

A person who meets the requirements of paragraph (a)(1) above does not need to apply for the lump-sum death payment if they were entitled to wife’s or husband’s benefits on the insured’s earnings record for the month prior to the death of the insured. However, if this condition is not met, an application must be filed within two years of the insured’s death.

Example: John’s Lump-Sum Death Payment Distribution

John, a 45-year-old insured worker, passes away unexpectedly, leaving behind his two children, Emily (age 12) and Mark (age 15). John was divorced, and his ex-wife, Susan, was not living in the same household at the time of his death.

In this case, there is no surviving widow(er) living in the same household, so the lump-sum death payment will be distributed according to the guidelines mentioned above.

Since Susan, the ex-wife, was not living in the same household and does not meet the requirements of a widow(er) for the lump-sum death payment, the payment will be considered for the next category of eligible recipients.

As John’s children, Emily and Mark are both entitled to child’s benefits (§ 404.350) based on John’s work record for the month of his death. In the absence of any eligible recipients from the first category (widow’s, widower’s, mother’s, or father’s benefits), the lump-sum death payment will be distributed equally among Emily and Mark as they are eligible recipients of child’s benefits.

To receive the lump-sum death payment, an application must be filed on behalf of Emily and Mark within two years of John’s death. Once the application is approved, the payment will be divided equally between the two children to help cover immediate expenses related to their father’s passing.

Conclusion: In situations where there is no surviving widow(er) living in the same household, the SSA has clear guidelines for distributing the lump-sum death payment. It’s important for eligible survivors to be aware of these rules and apply within the specified time frame to receive the benefits they are entitled to.

https://www.ssa.gov/OP_Home/cfr20/404/404-0392.htm