Social Security vs OPM survivor benefits for my nephew - can he receive both after federal employee death?
My brother-in-law passed away suddenly last month at 32, and I'm trying to help my sister figure out benefits for their 8-year-old son. He worked for the Department of Interior for just over 2 years (about 28 months total). We've already started the Social Security survivor benefit application, but yesterday the federal HR department told us something confusing. They said my nephew qualifies for OPM (Office of Personnel Management) survivor benefits until he's 22, but that he can only receive EITHER the OPM benefits OR Social Security benefits - not both. Even stranger, they claimed we don't get to choose which one he receives - they'll make that determination for us? This doesn't sound right to me. Shouldn't we be able to compare the benefit amounts and choose the better option? Has anyone dealt with survivor benefits for a federal employee's child? The monthly amount matters a lot since my sister is now a single parent with a mortgage.
18 comments


Emma Wilson
sory to hear bout ur loss, my cousin went thru something similar. he got both benefits for his kids but that was like 10 yrs ago so rules mighta changed
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Javier Torres
•Thank you. Do you remember if your cousin had to do anything special to get both? The HR person seemed very certain they couldn't receive both.
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QuantumLeap
I'm sorry for your family's loss. The HR department is partially correct, but they explained it poorly. Under the Federal Employees Retirement System (FERS), your nephew is eligible for a children's survivor annuity from OPM. However, there's something called the "FERS Survivor Benefit Offset" - the OPM benefit is reduced by the amount of any Social Security benefits he receives. So technically, he can receive both, but the OPM portion will be reduced dollar-for-dollar by whatever he gets from Social Security. You definitely should apply for both, as the combined maximum benefit would be whichever is higher (OPM or SSA). Regarding who chooses - they don't really choose for you, but the offset is automatic once both agencies share information. I recommend your sister apply for both benefits as soon as possible.
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Javier Torres
•Thank you so much for this clear explanation. That makes more sense than what HR told us. So if I understand correctly, we should apply for both, and he'll effectively receive whichever amount is higher? We'll get the SS application finished this week.
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Malik Johnson
The GOVT is ALWAYS trying to cheat people out of benefits that are RIGHTFULLY theirs!!!! I had to fight for 14 MONTHS to get my deceased husband's pension from his federal job. They will lie straight to your face about what you're entitled to. DOCUMENT EVERYTHING and get names of everyone you talk to!!!!!
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Isabella Santos
•While I understand your frustration, I'd like to clarify that what the HR person told OP isn't exactly lying - it's just an oversimplification of a complex offset rule. The FERS survivor benefit for children is indeed reduced by Social Security benefits, which can make it seem like you only get one or the other. But you're absolutely right about documenting everything - that's excellent advice for navigating any government benefit system.
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Ravi Sharma
I went through this exact situation when my wife died (she was a postal worker under FERS). You need to apply for both benefits. Here's what happens: 1. Social Security will calculate the survivor benefit for your nephew based on your brother-in-law's earnings record 2. OPM will calculate their survivor annuity amount 3. Your nephew will receive the full Social Security amount 4. The OPM benefit will be reduced by the Social Security amount If the Social Security benefit is higher than the OPM amount, he'll just get the Social Security payment. If the OPM benefit is higher, he'll get the Social Security payment PLUS the difference between the two from OPM. The HR person was wrong about not having a choice. You absolutely should apply for both.
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Javier Torres
•Thank you - this is incredibly helpful! We'll definitely apply for both benefits. Do you remember if there was a specific form we need to submit to OPM? The HR person mentioned something about SF-3104 but wasn't very helpful beyond that.
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Ravi Sharma
•Yes, for OPM you need form SF-3104 (Application for Death Benefits under FERS). The HR office at his agency should help prepare this - it's literally their job. If they're being difficult, ask to speak with a benefits specialist specifically. For Social Security, you'll need to call and schedule an appointment - they don't take survivor applications online.
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Freya Larsen
My husband works at OPM (not in benefits though) and he says definitely apply for both! The max benefit is whichever is higher. Also the 22 age limit for OPM is only if your nephew is a full-time student after 18, otherwise it stops at 18 just like Social Security. Make sure your sister knows that for future planning!
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Omar Hassan
Has your sister been able to reach Social Security yet? I ask because their phone lines are absolutely swamped these days. My brother died last year and my niece had to wait almost 3 weeks just to get an appointment to apply for survivor benefits. If your sister is still struggling to reach someone at SSA, I used a service called Claimyr (claimyr.com) that got me through to an agent in under 20 minutes after I'd been trying for days. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU For a situation like this where time is important and your sister needs to coordinate between two different benefit systems, getting through quickly to SSA can make a big difference. The survivor benefit application has to be done by phone or in person, and appointments can be weeks out.
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Javier Torres
•She tried calling last week and was on hold for over an hour before getting disconnected. I'll definitely check out that service - getting this process started quickly would be a huge relief for her. Thank you!
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Emma Wilson
wait i just remembered something, doesnt matter how long ur bro in law worked for govt, for social security his kid gets benefits if he had 40 quarters (10 yrs) total work anywhere right?
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Isabella Santos
•That's not correct for survivor benefits for young children. For survivors, the work credit requirement is much lower. A worker who dies before age 62 needs only 6 credits (1.5 years of work) in the 3 years before death to qualify their children for survivor benefits. Since OP mentioned the brother-in-law worked for 28 months (over 2 years), that should be enough to qualify.
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Javier Torres
Update: We finally got through to SSA yesterday and started the application. The representative confirmed what several of you said - my nephew can receive both benefits, but the OPM benefit will be reduced by whatever he gets from Social Security. She estimated his monthly SS benefit will be around $1,875. We also got the OPM paperwork started with a benefits specialist (thank you for that suggestion!). They're estimating about $2,140 monthly, so if those numbers are accurate, he would get the full SS benefit ($1,875) plus the difference from OPM ($265). Thank you all SO much for the help and guidance. This has been an overwhelming time and your expertise made a huge difference.
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QuantumLeap
•I'm glad you got the correct information! Those benefit amounts sound about right based on the length of service you mentioned. Be sure your sister sets aside some of this money for your nephew's future education if possible. One other tip: she should check if her brother-in-law had any FEGLI (Federal Employees Group Life Insurance) - that's separate from the survivor benefits and has its own application process.
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Aiden Rodríguez
I'm so sorry for your family's loss. As someone who works in federal benefits administration, I want to emphasize how important it is that you got the correct information from SSA. The HR person's initial explanation was misleading - while technically your nephew can't receive the "full" amount of both benefits simultaneously due to the offset, he absolutely should apply for both to ensure he receives the maximum possible benefit. One additional thing to keep in mind: make sure your sister understands that these benefits will continue until your nephew turns 18 (or 19 if still in high school). The OPM benefit can extend to 22 if he's a full-time college student, but the Social Security portion stops at 18/19. This might affect financial planning for his later college years. Also, definitely follow up on the FEGLI suggestion - federal employees often have basic life insurance that's separate from these survivor annuities, and that could provide additional financial support for your nephew's future.
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Dylan Hughes
•Thank you for this comprehensive information! This is exactly the kind of detailed guidance we needed. I'll make sure my sister understands the age cutoffs - that's really important for long-term planning. We hadn't heard about FEGLI yet, so I'll ask the benefits specialist about that when we follow up on the OPM application. It's been reassuring to get consistent information from multiple knowledgeable people here after that confusing initial conversation with HR.
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