A few years ago, I was in a pretty serious car accident. During the aftermath, I became really familiar with a lot of different types of lawyers. I worked with personal injury lawyers, insurance lawyers, and many others. Perhaps the most important, though, was the estate planning lawyer. I was really young, and neither my wife or I had thought about starting a will. But the accident kind of scared us into it. What would happen if one of us were to die? Even when still in the hospital, I was working with the lawyer to draw up a will. Now, I have some peace and security about what the future will be like if something should happen to me. And I have a lot of experience working with various types of lawyers! The accident was kind of a blessing in disguise in that way.
Disability insurance claims are a complex matter, and perhaps the most intricate type of disability benefits are those associated with the beneficiary of a deceased worker. There are a number of instances where the children of deceased workers can file a claim for the decedent's benefits. To ensure that the process is handled properly, it is always best to consult a qualified disability attorney. The following illustrates some of the intricacies of disability insurance claims for surviving children of deceased parents.
Qualifying Children
The laws regarding who may file a claim for the disability benefits of a deceased person are actually fairly lenient. A child may receive benefits on behalf of his or her deceased parent if the decedent is a biological parent or a step-parent. Adopted children will also qualify to receive monthly disability benefits.
For Grandchildren
In certain circumstances, a child may be able to draw from his deceased parent's disability insurance and that of his grandparents as well. In order to qualify, a child must have lived with his grandparents before the age of 18 and must have received at least half of his overall support from them for a minimum of twelve months.
The monthly amount received will equate to 75% of the decedent's disability benefits, and will continue until the child reaches the age of 18. However, you should understand that these rules do not apply if the child's grandparents adopted him at any time during his life. If such is the case, the child will need to meet the requirements outlined in the 'Qualifying Children' part of this article.
Duration Of Benefits
The duration of disability benefits is largely determined by the age of the dependent child. The government will disburse monthly disability benefits to surviving children of deceased employees, given that the children were dependent on the decedent's income prior to his or her death, until the children turn 18. The amount of the disability benefits will be equal to 75% of what the decedent's benefits would have been.
A child may also qualify for an extension of benefits if he or she became disabled before the age of 22. The amount for disabled children is the same as for non disabled children—75% of the decedent's monthly benefit amount.
In the end, disability insurance claims for survivor benefits can be complex, but these systems were put in place to help those who struggle to provide for themselves. Nonetheless, it would be wise to enlist the services of an experienced attorney to ensure the application process is completed correctly, and not unduly delayed.
Share21 April 2015
