Surviving spouse's Social Security survivor benefits - possible elder financial abuse situation
I'm very concerned about my sister-in-law who recently lost her husband (3 weeks ago) in Arizona. My sister-in-law is 71 with serious health issues, and her husband was receiving about $2,500 in Social Security benefits monthly. She currently gets only $1,350 in her own benefits. Her biological daughter seems to be manipulating the situation in a concerning way. The daughter is telling my sister-in-law that switching to survivor benefits will only increase her monthly payment by "a few dollars" and is insisting on handling all the paperwork herself. I'm pretty sure survivor benefits would give my sister-in-law several hundred dollars more per month. I suspect the daughter plans to somehow access this money for herself. My questions: 1. Does my sister-in-law need the original death certificate to apply for survivor benefits, or will SSA accept a copy? 2. Can a family member just "take" someone to SSA and apply on their behalf without proper authorization? 3. Given my concerns about financial exploitation, is there an appropriate agency I should contact? My nephew (her husband's son from previous marriage) will receive the death certificates soon but is hesitant to provide one to the daughter given concerns about her intentions. Any advice would be greatly appreciated - this situation is breaking my heart.
15 comments
Julia Hall
I'm sorry about your loss and this difficult situation. Let me address your questions: 1. The SSA generally requires an original death certificate or a certified copy from the vital records office. Photocopies are not accepted for survivor benefits applications. 2. Your sister-in-law must be present for the application, and while someone can accompany her, they can't apply on her behalf without being an official representative payee (which requires separate application and approval). 3. This does sound concerning. You should contact Adult Protective Services in Arizona regarding potential elder financial abuse. Each county has its own office. Your sister-in-law should receive the higher of either her own benefit or about 100% of her husband's benefit as a survivor. If her husband received $2,500 and she only gets $1,350, she should receive close to $1,150 more monthly, not "just a few dollars."
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Evelyn Rivera
•Thank you so much for this information! I suspected the daughter wasn't being truthful about the benefit amount. Do you know if my sister-in-law can apply for survivor benefits by phone or must it be done in person? Her mobility is very limited these days.
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Arjun Patel
I dealt with a similar situation with my mother after my father passed. Your sister-in-law can call SSA directly at 1-800-772-1213 to schedule an appointment for survivor benefits. Due to her health issues, she can request a telephone appointment instead of going in person. One option might be for your nephew to help her make this call when he's with her, before giving any death certificate to the daughter. The SSA can see death records electronically in many cases now, but having the certificate speeds things up. Also, I'd recommend your sister-in-law check if her bank accounts were joint with her husband. If so, she should consider removing the daughter from access until this is sorted out. When my dad passed, we learned my sister had been taking money for years. Adult Protective Services can help with this aspect too.
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Jade Lopez
•Agree with everything here, but also wanted to add that even if she doesnt have the death certificate yet, she should still call ASAP. Survivor benefits can be backdated but only up to 6 months, so waiting too long could mean losing money she's entitled to.
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Tony Brooks
I went through this with my mom last year and it was a NIGHTMARE trying to get through to Social Security on the phone!!! We called for WEEKS and kept getting disconnected after hours on hold. The offices were only open for appointments and the earliest one was like 2 months out!!! By the time we got everything sorted out, my mom had missed almost 3 months of the higher payment amount. Is there a better way to contact them????
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Ella rollingthunder87
•I had the same frustrating experience trying to reach SSA for my dad's benefits. After getting disconnected multiple times and waiting on hold for 2+ hours, I found this service called Claimyr that got me through to a live agent in about 20 minutes. It basically holds your place in line and calls you when an agent is available. Made the whole process so much easier! Their website is claimyr.com and they have a video that shows how it works: https://youtu.be/Z-BRbJw3puU Best $15 I ever spent considering how much backpay we were able to secure by getting the application process started quickly. Given the potential financial abuse situation, getting her application in quickly seems really important.
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Yara Campbell
my mom went thru the same thing with my step dad and his kids. the SSA made her bring the death certificate for sure. but they didnt let anyone else talk for her even tho she has dementia. the kids tried to do exactly what ur saying, tellin her it was only a little bit more money. she ended up getting almost $900 more every month!!!! definitely call adult protective services in arizona
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Isaac Wright
One thing nobody mentioned - if your sister-in-law was married to her husband for at least 10 years (sounds like she was), she's definitely entitled to the higher of either her own benefit or her deceased husband's full benefit. Not partial, FULL. The SSA people can confirm this when she applies. Since you mentioned they were married 50 years, she should absolutely qualify. She also gets a one-time death benefit of $255. Not much but it's something.
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Tony Brooks
•Wait I thought the survivor benefit was only 75% of the deceased person's benefit?? That's what they told my mom! Is this different for different situations???
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Julia Hall
•The 75% rate applies in certain situations, but a surviving spouse at full retirement age (currently 66-67 depending on birth year) receives 100% of the deceased spouse's benefit. If your mother was under her full retirement age when she applied, she would receive a reduced percentage. The reduction is approximately 4.75% per year early, down to 71.5% if claiming at age 60.
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Jade Lopez
You mentioned your sister-in-law is "very sick" - have you considered helping her get appointed a representative payee who ISN'T the daughter? If she truly has health issues that affect her ability to manage finances, SSA can appoint someone (like your nephew perhaps) to receive the funds on her behalf. This requires documentation from her doctor about her inability to manage her benefits, but might be worth looking into if she's vulnerable to manipulation.
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Evelyn Rivera
•That's a great suggestion. She has severe rheumatoid arthritis and early cognitive decline, but can still make her own decisions with some support. I'll talk to her doctor about whether this might be appropriate. I'm thinking maybe my nephew would be a better choice as rep payee.
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Arjun Patel
Another resource - many Area Agencies on Aging have benefit counselors who can help navigate this process and provide guidance on elder financial abuse. They often have specialists who understand both SSA benefits and elder protection. Here's a link to find the Arizona offices: https://des.az.gov/services/older-adults/area-agency-aging
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Evelyn Rivera
Thank you all for the helpful advice! I've contacted Adult Protective Services and will be flying out next week to help my sister-in-law. My nephew is going to try to get her a phone appointment with SSA before I arrive. I'm relieved to know she should be getting the full survivor benefit amount. I'll update once we get this resolved.
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Isaac Wright
•Good luck! And remember to get all bank accounts secured too - that's often where financial abuse happens even after benefits are properly set up.
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