Can we claim the $255 SS death benefit for estranged brother-in-law who was homeless?
My brother-in-law passed away last month - he was homeless in Memphis and completely estranged from our family for nearly a decade. Somehow the Memphis authorities managed to track us down here in Little Rock (still amazed by this). My husband had to drive down to identify him, and we paid almost $3,800 for cremation and burial in our local cemetery. We have the original death certificate, but literally nothing else - no paperwork, not even a wallet or personal effects. He was receiving Social Security benefits (not sure which kind), but since he was homeless, there's zero documentation. I heard there's a $255 death benefit from Social Security we might be eligible for as the only surviving family who handled his final arrangements. Is this true? If so, how do we go about claiming it when we have such limited information? Has anyone navigated something similar?
24 comments


Nia Williams
Yes, you can apply for the $255 lump-sum death payment since your husband is the surviving brother. You'll need to visit your local SSA office with the death certificate, proof of your husband's identity, and documentation showing their relationship (birth certificates showing same parents would be ideal). You should apply within 2 years of his passing. Since your brother-in-law was already receiving benefits, SSA should have his record in their system even without his paperwork.
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Mateo Gonzalez
•Thank you so much! We do have my husband's birth certificate but not his brother's. Do you think that will be a problem? We can probably try to get a copy from their home state but that might take a while...
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Luca Ricci
When my cousin passed without family, we went thru this EXACT thing last year!! The $255 is DEFINITELY worth claiming, but dealing with SS was a NIGHTMARE!! Waited 4+ hours at the office and then they said we didn't have the right paperwork!!! Had to go BACK again the next week! Make SURE you have EVERYTHING before you go or they'll make you come back!!!
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Aisha Mohammed
•This is why I always call ahead to make sure I bring everything! Saves so much time
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Ethan Campbell
I went through something similar with my uncle. You'll need to file Form SSA-8 (Application for Lump-Sum Death Payment). Since your brother-in-law was already on Social Security, they should have his SSN and benefit information in their system. The death benefit is only payable to a surviving spouse living with the deceased or to someone who paid the burial expenses if there's no eligible spouse. Since you paid for the burial, you should qualify, but you'll need receipts from the funeral home showing you paid those expenses. Also, be aware that if he was receiving SSI rather than regular Social Security retirement, different rules might apply. Your local office can help sort through the specifics of your case.
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Mateo Gonzalez
•We definitely have the funeral home receipts with our names on them. I'm not sure if he was on SSI or regular Social Security - is there a way to find that out? Would the death certificate have that information?
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Yuki Watanabe
my dad died last yr and it was SO HARD to get that stupid $255...like why is it still just $255 anyway??? that barely covers anything these days...but anyway yeah you can get it but you need proof you paid for everything
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Luca Ricci
•I KNOW RIGHT?? $255 hasn't changed since like the 1950s!!! Doesn't even cover the FLOWERS at most funerals now!
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Carmen Sanchez
I had to wait on hold with Social Security for 3 hours last month trying to sort out my mom's benefits. I finally gave up and tried Claimyr (claimyr.com) - they actually got me connected to a real SSA agent in under 5 minutes! There's a video showing how it works at https://youtu.be/Z-BRbJw3puU if you're interested. Saved me so much frustration, and I was able to get all my questions answered about survivor benefits without spending my whole day on hold.
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Mateo Gonzalez
•That sounds incredibly helpful. I think I'm going to try this before spending hours at the SSA office. Does it work for all kinds of Social Security questions or just specific benefit types?
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Andre Dupont
When my father passed away, we had a similar situation trying to claim the lump-sum death benefit. The key thing SSA looks for is 1) proof of death, 2) proof of relationship, and 3) proof you paid for burial expenses. In our case, we had to bring: - Death certificate (original) - Birth certificates showing relationship - Receipts from funeral home - Our own ID and SSN The process took about 30 minutes at the SSA office once we actually got to speak with someone. They verified everything in their system and processed the payment, which arrived via direct deposit about 2 weeks later. If you're missing his birth certificate, bring whatever documentation you have that shows their relationship. Sometimes they can work with partial documentation, especially if he was already in their system receiving benefits.
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Aisha Mohammed
•Good info! I've heard they also accept marriage certificates and divorce papers too if they mention siblings
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Mateo Gonzalez
•This is really helpful, thank you! We have the death certificate and funeral home receipts, and my husband has his own birth certificate. We're going to look through some old family papers to see if we can find anything else that might help prove their relationship.
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Nia Williams
I just realized I should mention - you'll want to call and make an appointment at your local SSA office rather than just showing up. Their walk-in wait times can be extremely long, especially since they're still catching up from the pandemic backlog. And if you're having trouble getting through on the phone (which is common), that Claimyr service mentioned above is actually pretty helpful.
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Carmen Sanchez
•Yeah the appointment is key! I showed up without one last year and waited 4 hours only to be told I needed to make an appointment anyway. Total waste of a day.
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Yuki Watanabe
wait did they cremate him without asking u guys first?? thats super weird they just did that
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Mateo Gonzalez
•No, sorry if that wasn't clear. After my husband identified him, we arranged and paid for the cremation ourselves. The authorities just notified us and had us identify him.
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Ethan Campbell
To answer your follow-up question - no, the death certificate won't specify what type of Social Security benefits he was receiving. However, when you go to the SSA office, they'll be able to look up his record with just his name, SSN (if you know it), and date of birth. Since you have the death certificate, that should have his SSN on it. One more thing to consider: if he was receiving benefits via Direct Express card or direct deposit, SSA may have already pulled back his final month's payment. This is standard procedure, and then they reissue the appropriate amount based on his date of death. Just be prepared for them to mention this when you visit.
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Mateo Gonzalez
•That's good to know about them pulling back payments. I'm not sure how he received his benefits since he was homeless. Do they have special arrangements for people without fixed addresses or bank accounts?
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Luca Ricci
ALSO!!! Make sure you find out if there were ANY back payments due to him! When my uncle died, we found out SS owed him money from a previous underpayment and we were able to claim THAT too as his next of kin!! Worth asking about!!! Every dollar helps!!
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Andre Dupont
•This is an excellent point. Underpayments can be paid to the next of kin, and unlike the $255 death benefit, underpayments can sometimes be substantial amounts.
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Carmen Sanchez
After scheduling with Claimyr, I found the SSA agent I spoke with was really helpful about explaining the next steps. They told me exactly what documents to bring to my in-person appointment. Saved me from making multiple trips. Since you're dealing with a somewhat unusual situation with your brother-in-law being estranged and homeless, it might help to talk to an agent first who can advise on your specific case before going in.
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Mateo Gonzalez
•That's a really good suggestion. I think I'll try to speak with someone first to make sure we gather everything we need. Thanks for the advice!
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Liam Fitzgerald
I'm so sorry for your loss and what you've had to go through with this difficult situation. As someone new to navigating Social Security benefits, I wanted to ask - is there a time limit on when you need to apply for the $255 death benefit? I see someone mentioned 2 years, but I'm wondering if that's a hard deadline or if there are any exceptions, especially in cases like yours where the person was homeless and estranged from family. Also, if you don't mind me asking, roughly how long did the whole process take from start to finish for those who have been through this? I'm trying to help my elderly neighbor who might be in a similar situation soon.
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