Social Security and You by Tom Margenau

In the almost 75-year history of the Social Security program, I can cite hundreds of instances where new Social Security benefits were added or where existing benefits were expanded. But I can think of only a half-dozen times when benefits were actually cut. The questions in today's column highlight three of those cutbacks.

Q: My mother recently died. She was 78 years old and was getting widow's benefits on my father's Social Security record. When he died many years ago, we got a $255 burial benefit from Social Security. But this time there was nothing. Did the law change? Why can't we get the burial benefit for my mom?

A: The miserly $255 death benefit is payable only on the Social Security accounts of people who have what the government calls "insured status." And being insured for Social Security purposes means that the deceased had at least 40 "quarters of coverage." Most people that work and pay taxes earn a maximum of four quarters per year. So, a person has to work at least 10 years to get 40 quarters and thus be insured.

You said your mom was getting widow's benefits on your father's Social Security record. That usually means she didn't work long enough on her own Social Security account to be insured.

However, even if she had her 40 quarters but was getting a widow's benefit because it paid a higher rate than would have been due on her own Social Security account, the death benefit would still not be payable because of one of those cutbacks I mentioned at the beginning of this column.

The original Social Security law stipulated that the death benefit would be paid on every account as long as the deceased was insured. The death benefit was paid to a surviving spouse, to a child, or many times directly to a funeral home. But awhile back, in an attempt to save a few nickels for the Social Security trust funds, Congress changed the law to say that (with only a few exceptions) the $255 death benefit can only be paid to a widow (or widower) who was living with the deceased at the time of death.

Even if your mom was insured for Social Security purposes, there is no one eligible for the death benefit on her Social Security account because your father predeceased her.

Q: My father recently died.

I have a younger brother who is 16 years old and still lives at home with my mom. Will he get any of dad's Social Security? If so, how much will he get and for how long? How about mom? She is 48 years old.

A: Your brother will get a monthly survivor's benefit on your dad's Social Security record until he turns 18 years old. Social Security used to pay what were called "student's benefits" until age 22 as long as the young person was enrolled full time in college. But another one of those cutbacks eliminated college student's benefits.

How much your brother will get depends entirely on your dad's income history. Essentially, the more money your dad made, the higher your brother's benefit will be. Your brother is due 75 percent of whatever your father's Social Security benefit would have been. If your dad made average wages, your brother probably will get about $1,000 per month.

Your mom won't be due any monthly widow's benefits on your dad's Social Security record until she turns 60.

For many years, Social Security paid monthly benefits to young widowed mothers until their youngest child turned 18 years old, but another of those rare Social Security cutbacks impacts young widows. Congress changed the law to say that they could collect Social Security benefits only until their youngest child turns 16.

Because your brother is already 16, your mom will just have to wait another 12 years (until she's 60) before she can get any widow's benefits from Social Security.

To find out more about Tom Margenau and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

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