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When will you NOT receive a lump-sum death payment?

429. When will you NOT receive a lump-sum death payment?

You cannot be paid a lump-sum death payment on the Social Security record of a deceased worker, regardless of his or her insured status, if any of the following conditions are met:

  1. The worker was deported after September 1, 1954, and, at the time of death, was not lawfully readmitted to the U.S. (see §1842 for a discussion of this condition);

  2. The worker could not have been paid a monthly benefit for the month before the month in which he or she died. At that time, the worker was an alien who was outside the U.S. for more than six calendar months in a row (see §1843 for a discussion of this condition);

  3. You were convicted of the felonious homicide of the worker;

  4. The worker was granted a tax exemption as a member of a religious group, which has not ended; or

  5. The Railroad Retirement Board has jurisdiction in the survivor's claim; or has already paid a lump-sum death payment.

Last Revised: March, 2001

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Comments

death of x-spouse

May 30, 2011 by Guest

your x husband/wife dies a few months after being divorced. Said x was paying spousal support and now because of the death spousal support is no longer being paid. Can said living x-spouse file for any type of social security payments? Can said living x-spouse file for any type of social security payments while on social security themselves?

Survivor (widow & widower) benefits and divorce

May 30, 2011 by David Luhman

If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more. You would not have to meet this length-of-marriage rule if you are caring for a child under age 16. You also must be age 60 or older (or age 50 if you are disabled).

In general Social Security will pay you the higher benefit amount if, for example, you qualify for survivor benefits and retirement benefits (based on your work record). However, you generally will not receive BOTH (the sum of) benefits.

http://www.ssa.gov/survivorplan/ww&os2.htm

http://www.ssa.gov/survivorplan/ifyou3.htm

length of marriage

November 30, 2012 by Guest

Is a spouse who was living with the worker at the time of death eligible for the lump sum if their marriage was less than 9 months?

Lump sum death benefit when marriage under 9 months

November 30, 2012 by David Luhman

Nine months is typically required for "continuing" survivor benefits.

For the one-time lump sum, SSA documents are a little unclear on this, but it seems like one would be eligible for the lump sum even if the marriage was less than 9 months. The following document indicates one can receive the lump sum even if the marriage lasts less than 9 months:

http://ssa.gov/OP_Home/rulings/oasi/11/SSR72-52-oasi-11.html

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/202

https://secure.ssa.gov/poms.nsf/lnx/0300207006

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