Can my 14-year-old niece claim Social Security survivor benefits after her dad died at 45?

I'm so sorry for your family's loss. Yes, your niece is likely eligible for survivor benefits as the child of a worker who paid into Social Security. Children can receive up to 75% of the deceased parent's benefit amount, and these benefits continue until age 18 (or 19 if still in high school full-time). Your sister-in-law's income doesn't affect your niece's eligibility - there's no family income test for survivor benefits for children. However, there is a family maximum that might come into play if multiple people are claiming on your brother-in-law's record. To apply, they'll need: - Your brother-in-law's death certificate - His Social Security number - Your niece's birth certificate and Social Security number - Your sister-in-law's banking information for direct deposit They should call SSA to schedule an appointment ASAP as benefits are only retroactive for 6 months.

when my husband died i got benefits for our son even tho i make good money. they dont care about the moms income for kid benefits. its based on the dad's work record. you can get an estimate on the ssa website i think?

My deepest condolences on your family's loss. The advice above is correct - your niece definitely qualifies for survivor benefits regardless of her mother's income. But I want to add something important: the SSA is EXTREMELY difficult to reach by phone these days. My sister spent 3 weeks trying to get through after her husband passed away last year. The hold times are ridiculous and often they disconnect you after waiting for hours. I finally found a service called Claimyr that got her through to an agent in under 30 minutes. You can see how it works at https://youtu.be/Z-BRbJw3puU - basically they hold your place in line and call you when an agent is available. She used it at claimyr.com and it saved her so much stress during an already difficult time. Just passing this along because dealing with the SSA was the last thing she needed during her grief.

First, I'm very sorry about your brother-in-law's passing. Having helped several clients through similar situations, I can provide some additional context: 1) Your niece is entitled to 75% of her father's Primary Insurance Amount (PIA) - essentially what his retirement benefit would have been at Full Retirement Age. 2) The benefit continues until she turns 18, or 19 if she's a full-time high school student. 3) Your sister-in-law MAY also be eligible for mother's/father's benefits since she's caring for a child under 16, but this is subject to an earnings test. With her $75,000 income, she'll likely exceed the earnings limit ($22,320 for 2025), so probably won't receive benefits herself. 4) There's a family maximum benefit (FMB) that caps the total amount payable on one worker's record, typically 150-180% of the deceased's benefit amount. 5) These applications CANNOT be done online - they must be done by phone or in person. I recommend scheduling an appointment with SSA as soon as possible. Benefits can only be paid retroactively for 6 months, so delaying could mean lost benefits.

The SSA system is so frustrating to deal with after losing a loved one!!! When my wife died two years ago they made me bring our daughter IN PERSON during covid to apply for her benefits!!! And then they STILL messed up the payments for 3 months!!! Make sure your sister keeps COPIES OF EVERYTHING and writes down the name of every single person she talks to at SSA. They will lose paperwork and deny conversations happened. I'm still fighting with them about backpayments they owe my daughter. And yes her daughter qualifies 100% regardless of mom's income. The benefit belongs to the CHILD not the parent.

Just wanted to add that if your brother-in-law was divorced from a previous spouse who he was married to for at least 10 years, and that ex-spouse is caring for his child under 16, they could potentially claim benefits too. This wouldn't affect your niece's benefit amount though.

my son got benifits when his dad died and we used it to start a college fund!! smart thing to do since it ends at 18/19. the money is FOR the child so make sure its used for her needs or saved for her future!!

you should also know theres a one time death benfit of $255 they can apply for too. not much but every little bit helps right now im sure.

also ask about the earning credits!!! If he didnt work long enough (need 40 credits usually) there are special rules for younger workers!!! My friend's husband only worked 6 years before he died and his kids still qualified!!! The rules are different for survivor benefits vs retirement!!

Thank you everyone for your helpful responses. I just spoke with my sister-in-law and we're going to try calling SSA tomorrow morning. If we can't get through, we'll try that Claimyr service someone mentioned. She had no idea my niece would qualify for benefits, so this will really help with future expenses. I appreciate all the advice about documentation and what to expect.