Legal Question in Social Security Law in California
Social Security Benefits /deceased husband
My 56 yr old husband of 12 years was recentl killed in a car accident. When I inquired with SS for assistance for burial they informed me that ther was not enough paid into his account to recieve the assistance !! I am appaled and embarressed for my husbandfor he surved in the army (S.S. said that was too long ago ??huh?) also he was an hourly paid dedicated proffessional Custom Painter for his fathers business for 35 years, with the understanding that his father assured that he was taking taxes out. It seems his father has notpaid these taxes for the business account or his employees especially my husband and his interest. My husband had thebirthwrite of being his fathers Jr. Is there anything I can do to resolve thismatter and stand up for my husbands rights and dignity with respect regarding his valid participatin in his life. He deaserved more than this, h prided himself often with the fact that if anything happened to him he would be comfortable knowing that his Social Security would be available for my care.
Thank you for your interest in this matter and you consideration for response.
Highest Regards,
2 Answers from Attorneys
Re: Social Security Benefits /deceased husband
The burial benefits are not much, I think it is around $500. However, if he was in the military, you should look into potential VA benefits that might be due him/you.
Also, you should check into Widow's benefits for SS for unrealized payments.
Call me for free consultation if you'd like.
323*782*0099
Re: Social Security Benefits /deceased husband
Hello.
Sorry to hear about your loss. You should have an attorney look into the facts surrounding the car accident to determine if there is a possibility of recovery there as well.
Regarding the Father in Law--if you can get the company to sign an affadavit that for so many quarters of the preceeding years your husband was employed, at a given salary (W-2 employee) then submit that affadavit, your Husbands account may qualify for the "earnings" criteria.
If your husband worked exclusively for the FIL for a number of years and FIL is unwilling to assist, you can sue the FIL company for "overtime" hours or other employment related things to establish the earnings.
This is a long process and will not get you Soc Sec at any time soon.
The Soc Sec death benefits are a few hundred dollars. The lifetime assistance you can get is substantial. When you reach retirement age, you may be eligible to receive SS on your Husband's "account." If you cannot establish your Husband's earnings sufficiently, then you have to meet the earnings criteria to receive SS on your account.
You need to engage a specialist in your locale. Go forward and do what you can.
Respectfully
Mark Geyer
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