Understand the Social Security Survivor Benefits Program

Social Security survivor benefits are benefits paid to the family members of a deceased worker who paid into the Social Security system. Eligible family members can include:

• Widows and widowers (of any age if they are caring for the deceased’s minor children)
• Children (under 18, or up to 19 if still in high school, or disabled children of any age)
• Dependent parents of the deceased worker

The SSA’s goal is to ensure that survivor benefits go to the right individuals in the correct amounts. If you believe that the decision on your survivor benefits was wrong, you have the right to appeal.

Identify the Reason for Denial or Discrepancy

Before you start the appeals process, it’s important to understand why your survivor benefits were denied or why they were lower than you expected. Common reasons for denial or issues with survivor benefits can include:

• Ineligibility: If the SSA determines you do not meet the eligibility requirements, such as being the correct family member or not having a sufficient work history for the deceased worker.
• Incorrect Information: The SSA might have incorrect information about the deceased worker’s earnings or your relationship to the deceased.
• Benefit Amount: The SSA might have miscalculated the benefit amount you were entitled to.

Review any written notice or letter from the SSA carefully, as it should explain the reason for denial or the award amount.

File Your Appeal Within the Timeframe

If you disagree with the SSA’s decision, you must file your appeal within a certain timeframe. The time limits for appeals are as follows:

• 60 days from the date you receive the decision.
• This 60-day period includes weekends and holidays, so it’s important to act quickly if you plan to file an appeal.

If you miss this 60-day deadline, you may still be able to appeal, but you’ll need to show a good cause for why the deadline was missed. In any case, it’s crucial to file the appeal as soon as possible to avoid losing your right to challenge the SSA’s decision.

Types of Appeals You Can File

There are four stages in the Social Security appeal process, and it’s important to follow each one carefully:

Step 1: Reconsideration

This is the first level of appeal, where you request a review of the SSA’s decision. The SSA will look at your case again, considering any new evidence or clarifications you provide.

• How to File: You can request reconsideration online through the SSA’s website, by calling the SSA, or by visiting a local office.
• What to Expect: The SSA will review your case, which may take several months. They will send you a decision regarding whether your survivor benefits will be approved or increased.

Step 2: Request a Hearing Before an Administrative Law Judge (ALJ)

If your reconsideration request is denied, you can request a hearing with an Administrative Law Judge (ALJ). This step allows you to present your case in person or by phone.

• How to File: To request a hearing, you can submit your request online or by calling the SSA. The hearing is typically scheduled within several months, and you may want to have an attorney to help you prepare.
• What to Expect: The ALJ will listen to your case, ask questions, and make a ruling. You can also present any new evidence at this stage.

Step 3: Appeal to the Social Security Appeals Council

If the ALJ denies your case, you can request the Social Security Appeals Council to review the ALJ’s decision. The Appeals Council will look at the ALJ’s ruling and decide if it was correct.

• How to File: You can request this review in writing. The Appeals Council will either agree with the ALJ’s decision, return the case for further review, or overturn the decision.
• What to Expect: The review may take several months. If the Appeals Council agrees with the ALJ, your appeal is final. If they return the case for further review, you may have another opportunity for a hearing.

Step 4: Federal Court Review

If the Appeals Council upholds the ALJ’s decision, your final option is to file a lawsuit in federal court. This step is rare, but it’s the last opportunity for you to seek a favorable decision.

• How to File: You will need an attorney to file this appeal in a federal court. It’s important to understand that this step involves legal proceedings and can take a significant amount of time.
  
  

Submit New and Additional Evidence

To increase the chances of your appeal being successful, it’s important to submit any new evidence or additional documentation that supports your case. For example:

• Correct information about the deceased’s earnings or your relationship to the deceased.
• Medical records showing any relevant disabilities or conditions that may affect your benefits.
• Proof of other eligibility requirements, such as your age or dependents.

The more evidence you have, the stronger your appeal will be.

Get Help from a Disability Lawyer or Advocate

Filing an appeal, especially for Social Security survivor benefits, can be complicated and stressful. Having an experienced Social Security lawyer or advocate by your side can significantly improve your chances of success. A lawyer can help you:

• Prepare your appeal and gather the necessary documentation.
• Represent you during hearings with the SSA or ALJ.
• Provide legal advice on how to navigate the complex Social Security system.

An experienced attorney will help you present your case in the best possible way, increasing your chances of getting a favorable outcome.