Understanding Social Security’s Lump-Sum Death Payment, § 404.390

Social Security Death Benefit

Dealing with the loss of a loved one is never easy, and understanding the various benefits and processes related to Social Security can be challenging during this time.

One such benefit is the lump-sum death payment, a one-time payment of $255 provided under specific circumstances. In this blog post, we’ll break down the details of this payment, who is eligible, and how it works.

The Lump-Sum Death Payment

When a person who is fully or currently insured under Social Security passes away, their surviving spouse may be eligible for a one-time payment of $255. This lump-sum death payment is meant to provide some immediate financial assistance to the deceased’s family.

Eligibility Criteria

To be eligible for the lump-sum death payment, the following conditions must be met:

  1. The deceased person must have been fully or currently insured under Social Security at the time of their death.
  2. The surviving spouse must have been living in the same household with the deceased at the time of their death.

If there is no surviving spouse who meets these requirements, the payment may still be made to someone else, as outlined in § 404.392 of the Social Security regulations.

Alternative Recipients

In cases where the deceased does not have a surviving spouse who meets the eligibility criteria, the $255 lump-sum death payment can be distributed to another individual. This alternative recipient is determined according to the rules and priorities set forth in § 404.392.

Example: The Smith Family’s Experience with the Lump-Sum Death Payment

John Smith was a hardworking individual who had been paying into Social Security for many years. He was fully insured under Social Security when he suddenly passed away at the age of 62. John was married to his wife, Jane, and they had been living together in the same household at the time of his death.

As John was fully insured and Jane was living with him at the time of his death, Jane met the eligibility criteria for the lump-sum death payment. Upon his passing, Jane contacted the Social Security Administration (SSA) to report John’s death and apply for the lump-sum death payment.

The SSA reviewed the information and confirmed that Jane was eligible for the $255 lump-sum death payment as John’s surviving spouse. The payment was then issued to Jane, providing her with some immediate financial assistance during the difficult time following John’s death.

In this example, the lump-sum death payment was an essential source of support for Jane, as she navigated the emotional and financial challenges that came with the loss of her husband. By understanding the eligibility requirements and applying promptly, Jane ensured that she received the benefit she was entitled to.

Conclusion: The lump-sum death payment is a small but meaningful benefit provided by Social Security to assist families during a challenging time. While it may not cover all expenses related to the loss of a loved one, it can provide some relief in the immediate aftermath. Understanding the eligibility requirements and potential alternative recipients can help ensure that families receive the support they are entitled to.

https://www.ssa.gov/OP_Home/cfr20/404/404-0390.htm

At Hugo Fierro & Michael Perez, we have the expertise required to provide assistance in comprehending the intricate details of your Social Security disability claim.

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