Do both children from inside and outside marriage qualify for Social Security survivor benefits after father's death?

Yes, both children would qualify for survivor benefits regardless of whether they were born in or outside of marriage. Social Security doesn't distinguish between children based on marital status - they just need to be the biological or legally adopted children of the deceased wage earner. Each child could receive up to 75% of the deceased parent's primary insurance amount (PIA), though there may be a family maximum that applies when multiple beneficiaries claim on one record.

so sorry about ur friend!! my cousin went thru something similar. both kids get benefits but theres a family max amount they can get total. not sure about the mom part tho

For your friend's question about mothers qualifying for benefits - yes, both mothers could potentially qualify for what's called "mother's/father's benefits" (or sometimes "parent's benefits") if they are caring for the deceased worker's child who is under 16 years old. Each mother would need to apply separately with the child in their care. The benefit amount would be up to 75% of the deceased's PIA, but again, subject to the family maximum. The family maximum is typically between 150-180% of the deceased worker's basic benefit rate. So if there are multiple people claiming on one record (both children and both mothers), the total family benefit might be reduced accordingly. Remember that if either mother works and earns above the annual earnings limit, their benefits (not the children's) could be reduced or eliminated depending on how much they earn.

When my brother died, all his kids got benefits even though they had different moms. But I remember there was some maximum amount they could get altogether. The SSA office made us jump through so many hoops to get everything sorted out though!!

For the child born outside of marriage, the mother would need to establish paternity to qualify for benefits. This can be done through: 1. Acknowledgment of paternity by the father before his death 2. Court decree establishing paternity 3. DNA testing results 4. Other evidence showing the father acknowledged the child or was supporting them The application processes would be separate for each household. Your friend wouldn't need to be involved in the other mother's application, though the SSA might contact her as part of their verification process since family maximum calculations will affect both households.

Does anyone know how long it takes for benefits to start once you apply? My sister-in-law just lost her husband and has three kids, and they're really struggling while waiting for benefits to begin. Is there any way to speed up the process?

Your friend should apply AS SOON AS POSSIBLE! Benefits are only retroactive from the application date, NOT the death date! I waited 3 months after my husband died because I was too overwhelmed and I permanently lost those months of payments for my kids. Tell her to get to the SSA office ASAP!

also tell ur friend to ask about lump sum death benefit. its only $255 but every little bit helps right

One other thing to be aware of: If the family maximum applies (which is likely with two children and potentially two mothers receiving benefits), the total amount will be divided proportionally among all eligible beneficiaries. This doesn't reduce the children's entitlement to 75% each, but rather, all beneficiaries would have their individual amounts reduced proportionally to stay within the family maximum. The SSA will calculate this automatically, but it's good for both households to understand why their benefit amounts might be less than the full 75% they would receive if they were the only beneficiary on the record.

I'd recommend that your friend schedule an appointment with her local SSA office rather than trying to handle everything by phone. Survivor cases with multiple beneficiaries across different households can get complex, and it's easier to sort everything out face-to-face. She should bring all documentation (marriage certificate, birth certificates, death certificate, etc.) to the appointment. Also, the children's benefits will continue until they turn 18 (or 19 if still in high school), but the mother's benefits will end when the youngest child in her care turns 16, unless she's eligible for widow's benefits based on age at that point.

I'm so sorry for your friend's loss. This is such a heartbreaking situation. From what others have shared, it sounds like both children will qualify for survivor benefits, which is good news at least. I just wanted to add that your friend might also want to look into any life insurance policies her husband may have had through work or privately - sometimes people forget about these during such a difficult time, but they can provide additional financial support. Also, if she's struggling to make ends meet while waiting for the SSA benefits to start, she might want to check if she qualifies for emergency assistance through local social services or churches in her area. Many communities have programs specifically to help families during these crisis situations.

I'm really sorry your friend is going through this difficult situation. Just wanted to add one more practical tip - when she goes to the SSA office, she should ask specifically about the "protective filing date." If she calls SSA first to report the death and express intent to file for benefits, they can establish that date even if she can't get in for an appointment right away. This can help protect the retroactive benefit date while she's gathering all the required documents. Also, she might want to bring a trusted family member or friend with her to the appointment - having emotional support during these meetings can be really helpful, and an extra set of ears to catch important details when you're grieving and overwhelmed.

I'm so sorry for your friend's loss - what an incredibly difficult and overwhelming situation to navigate while grieving. Just to add to all the excellent advice here: your friend should also be aware that if she remarries before age 60, she would lose her widow's benefits (though the children's benefits would continue unaffected). Also, once the children turn 16 and she's no longer eligible for mother's benefits, she may be able to receive widow's benefits starting at age 60 (or earlier if disabled) based on her own situation. It's worth asking the SSA about all potential future benefit scenarios during her appointment so she can plan accordingly. The most important thing right now though is getting that initial application filed ASAP to protect those retroactive benefits. Sending strength to your friend during this heartbreaking time.