Social Security

Q: What Social Security benefits are available to me if one of family members has died?

Survivors Benefits

When a worker dies, certain members of his or her family may be eligible for financial benefits from the Social Security Administration (SSA) if the deceased worker earned enough Social Security credits while he or she was working. The younger a person is, the fewer the credits that are needed to be eligible for survivors benefits.

The family of a deceased worker may be able to get survivors benefits, even though the deceased worked had fewer credits than are needed for retirement benefits. If the deceased worker was born in 1930 or later, one credit is needed for each year after age 21 and prior to 2001, up to maximum of 40 credits. Regardless of when the deceased worker was born, dependent children could get survivors benefits if the deceased worker had six credits in the three years before his or her death.

For more information about how credits are earned, see the SSA pamphlet "How You Earn Credits" at www.ssa.gov/pubs/10072.html

The family members who may be eligible for such benefits include:

• a widow(er) aged 60 or older;
• disabled widow(er) aged 50 or older;
• a widow(er) of any age if caring for a child under age 16;
• unmarried children if they are under age 18;
• children under the age of 19, but still in high school;
• disabled children aged 18 or older; and
• parents of a deceased worker if the deceased worker was their primary means of support.

The average monthly benefit for a widowed parent with two children is $1,696, according to Social Security figures. The average monthly benefit for a surviving spouse over 60 years of age is $815. For more information, see the SSA pamphlet "Survivors Benefits" at www.ssa.gov/pubs/10084.hmtl.

Lump Sum Death Benefit

A special one-time payment of $255 may be made to a deceased worker's spouse if he or she was living with the deceased at the time of death, or if living apart, if he or she was eligible for Social Security benefits on the beneficiary's earnings record for the month of death. If there is no surviving spouse, the payment is made to a child who was eligible for benefits on the beneficiary's earnings record during the month of death.

What Social Security benefits are available to me if I became disabled?

Disability Benefits

Disability benefits are payable at any age to people who have earned enough Social Security credits and who suffered severe physical or mental trauma that is expected to prevent them from doing "substantial" work for a year or more or who have a condition that is expected to result in death. If, because of a medical condition, a person cannot do the work that he or she performed in the past, then age, education and past work experience must be considered in determining whether the person can do other work. If the evidence shows that the person can do other work, even if it involves different skills or pays less than his or her previous work, he or she cannot be considered disabled for Social Security purposes. Some disabling impairments are considered so severe by the (SSA) that they automatically qualify persons with such impairments as disabled for Social Security purposes. The disability program includes incentives to smooth the transition back into the workforce, such as continuation of benefits and health care coverage while a person attempts to work. The average monthly benefit for a disabled worker is $789, according to Social Security figures.

Family Benefits

If a worker is eligible for disability benefits, other members of his or her family may be able to receive benefits too. Those who may be eligible for such benefits include: a spouse if he or she is at least 62 years old or under 62 but caring for a child under age 16; and children if they are unmarried and under age 18, under 19 but still in high school or 18 or older and disabled. If a worker is divorced, his or her ex-spouse could be eligible for benefits.

Medicare and Medicaid (Hospital Insurance and Medical Insurance)

You may be eligible for Medicare if you or your spouse worked for at least 10 years in Medicare-covered employment and you are a 65-year-old U.S. citizen or permanent resident. If you are a Medicare or Medicaid beneficiary or a Child Health Plus member and your normal medical needs have been interrupted by the disaster, you should contact the Medicare & Medicaid hotline at (800) 331-7767 or (866) 446-3507 (TTY).

Supplemental Security Income

Supplemental Security Income is a needs-based benefits program for the blind and disabled who have not worked and paid Social Security taxes or accumulated sufficient quarters of coverage to receive Survivors Benefits. Earned income and resources from financially responsible parents or spouses are "deemed" available and might lower the benefit you are eligible to receive. The blind or disabled individual only (not his/her dependents) will receive monthly cash benefits that vary in amount from state to state and that depend on the person's living situation.

How can I apply for Social Security benefits?

In response to the WTC disaster, the SSA has activated special emergency handling procedures to facilitate the processing of claims resulting from the WTC disaster. Those who wish to determine if they are eligible to receive Social Security benefits must file a claim with the SSA.

By Phone: You may file a claim or determine if you are eligible for Social Security benefits as a result of the WTC disaster, by calling (800) 772-1213 or (800) 545-7316 (TTY) from 7 a.m. to 7 p.m. Monday through Friday.

In Person: You may file a claim in person at a local area SSA office and will have your claim processed at the time of your visit. If you wish to file a claim in person, you may contact the SSA at (800) 772-1213 to find the SSA office located nearest to you or visit the SSA's website at www.ssa.gov which includes the SSA's office locator.

Online: You may apply for Social Security benefits online at www.ssa.gov/applytoretire.

What documents do I need to file a claim with SSA?

To show that you are eligible for Social Security benefits and to help the SSA determine the estimated amount of such benefits, there are certain documents the SSA may ask you to provide, for example:

• Social Security card (or record of your social security number);
• birth certificate;
• children's birth certificates (if they are applying);
• proof of U.S. citizenship or lawful alien status if you (or a child who is applying) were not born in the U.S.;
• spouse's birth certificate and Social Security number if he or she is applying for benefits based on your record;
• marriage certificate (if signing up on a spouse's record);
• military discharge papers if you had military service; and
• W-2 form from last year, or your last year's tax return if you are self-employed.

Family members who wish to apply for survivors benefits do not need to produce a death certificate to file a claim. In place of death certificates, the agency will accept airplane manifests, lists of employees from employers and other statements placing a worker at a disaster site as proof of death.

An SSA representative will tell you exactly what you need given your particular circumstances. You will need to submit original documents or copies certified by the issuing office. You can mail or bring documents to Social Security and they will photocopy them. However, if you don't have all the documents you need, don't delay applying for Social Security benefits. SSA will help you get the necessary information.

Where can I get more information or additional help?

For general information you can contact the SSA at (800) 772-1213 or go to their website at www.ssa.gov.

If you would like the assistance of an attorney, you can contact the City Bar's September 11 Legal Relief Hotline (212) 382-4763; the New York State Bar Association at (877) HELP-321or (518) 487-5709 (or at www.nysba.org) or the American Bar Association Disaster Legal Services Hotline at (866) 606-0626 (or at www.abanet.org); or Law Help, New York's Online Legal Referral and Information System at www.lawhelp.org.

You can also contact legal service agencies such as the Legal Aid Society in New York City, Legal Services for New York (LSNY) and the Law Services Corporation on Long Island. Contact information for these agencies can be found in the last Section of this Handbook.

Legal Services for New York has neighborhood offices throughout the boroughs of New York City. To get more information, you can reach their Manhattan office at 350 Broadway, 6th Floor, New York, NY or call (212) 431-7200. At present the Legal Aid Society's Lower Manhattan and Brooklyn Neighborhood Offices can be reached at 166 Montague Street, Brooklyn, NY, 11201 (718) 722-3100. For people in other areas, contact the following Legal Aid offices:

Community Law Offices
(serves all of Upper Manhattan above 96th Street)
230 East 106th Street
New York, NY 10029
(212) 426-3070

Harlem Neighborhood Office
(serves Lex. To Riverside Dr./ W.110th St. to 169th St.)
2090 7th Ave., 8th FL.
New York, NY 10027
(212) 663-3293

Bronx Neighborhood Office
(serves all of the Bronx)
953 Southern Blvd.
Bronx, NY 10451
(718) 991-4758

Rockaway Neighborhood Office
(serves zip codes 11414, 11416-17, 11420, 11422, 11691-95, 11697)
1600 Central Ave.
Far Rockaway, NY 11691
(718) 337-4900

Queens Neighborhood Office
(serves all of Queens)
120-46 Queens Blvd., 2nd Fl.
Kew Gardens, NY 11415
(718) 286-2450

Staten Island Neighborhood Office
(serves all of Staten Island)
60 Bay St.
Staten Island, NY 10301
(718) 273-6677

Nassau/Suffolk Law Services Committee, Inc.
(Suffolk County)
1757 Veterans Highway, Suite 50
Islandia, NY 11749
(631) 232-2400

Nassau/Suffolk Law Services Committee, Inc.
(East end of Long Island/Suffolk County)
313 West Main St.
Riverhead, NY 11901
(631) 369-1112

Nassau/Suffolk Law Services Committee, Inc.
(Nassau County)
1 Helen Keller Way, 5th Floor
Hempstead, NY 11550-3903
(516) 292-8100

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