Ask Larry

How Does My Sister-In-Law In New Zealand Go About Receiving Survivor Benefits?

Dear Larry,
After 4 frustrating phone calls to the Social Security Office and been given 4 different answers I am in desperate need for advice. I am asking on behalf of my sister-in -law who is too distraught and upset to pursue this matter. How does she go about receiving Survivor Benefits that she is entitled to. I would appreciate your help in this matter.
Her husband passed away on the 26th February, 2021 at 12.10pm in Christchurch, New Zealand. He has been receiving his Social Security pension beginning at age 70. Date of Birth: 3/17/1945
I am claiming Survivors benefits for 4 family members:
wife 57 years old - Date of Birth: 2/15/1964
Son 28 years old Date of Birth: 12/17/1992 -Disabled child/disabilities from birth living at home
daughter 16 years old - Date of Birth: 4/12/2004
daughter 16 years old -Date of Birth: 4/12/2004
They are all American citizens and lived in the USA for 22 years but currently live in Christchurch, New Zealand. They arrived in New Zealand November 2020.
Thank you very much

Hi. I'm not sure what the issue is, but unmarried children who are under age 18 can potentially qualify for Social Security survivor benefits on the record of a deceased parent, as can disabled adult children who became disabled prior to age 22. Widow's can potentially qualify for survivor benefits as early as age 60, or at age 50 if they disabled, or at any age if they have a child in their care who qualifies for survivor benefits and who is either under age 16 or disabled.

If your sister-in-law's husband was drawing U.S. Social Security retirement benefits then his eligible minor and disabled children should probably have already been drawing auxiliary benefits on his account. In that case, their benefits should convert to survivor benefits automatically when Social Security receives proof of their father's death. And, if your sister-in-law was already drawing auxiliary benefits as a spouse with a disabled adult child in her care, then her benefits should also convert to survivor benefits.

However, if your sister-in-law or any of the children you mention weren't already drawing auxiliary benefits, then an application for benefits would be required. You couldn't file a claim on behalf of your sister-in-law or her children unless she's legally or mentally incompetent. Social Security does have procedures to allow people who are living outside of the U.S. to apply for benefits, but it looks like the contact office for people living in New Zealand is located in Manilla, Philippines. If your sister-in-law is unable to file a claim directly with a U.S. Social Security office, the contact information for the U.S. Embassy in Manilla can be found on the following Social Security website: https://www.ssa.gov/foreign/iclaim.htm.

Best, Jerry

Posted: 
Mar 12 2021 - 2:13pm
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