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dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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If someone dies at age 40, who would qualify in their family

Customer Question

if someone dies at age 40, who would qualify in their family --husband, children?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Are you asking if a family of a 40 year old who passed away would potentially be eligible for social security survivor benefits based on the 40 year old's work record?
Customer: replied 1 year ago.
yes she probably worked 5-7 years?
Customer: replied 1 year ago.
I will answer any other qualifying details of the passed away or her family?
Customer: replied 1 year ago.
just answer the question?
Customer: replied 1 year ago.
At the moment, I dont have the phone with me?
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Be right with you.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
OK, it sounds like she doesn't have the 40 credits typically needed, because that takes 10 years of work. However, SSA tells us that: "Under a special rule, we can pay benefits to your children and your spouse who is caring for the children even if you don't have the number of credits needed. They can get benefits if you have credits for one and one-half year's work (6 credits) in the three years just before your death."
Expert:  Stephanie O Joy, Esq replied 1 year ago.
https://www.ssa.gov/planners/survivors/ifyou.html#&sb=2
Customer: replied 1 year ago.
I just want to get the answer to my question in writing.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Yes, can you or can you not see what is posted above? If the deceased had recent credits (last 3 years) or enough credits prior to that, yes, her dependents can collect a survivor benefit.