Title II Auxiliary and Survivor Benefits and Eligibility – Justice in Aging

What are Social Security Benefits?

Social Security is a social insurance program under Title II of the Social Security Act, with benefits based on an individual’s work history. This program can provide auxiliary benefits for the worker’s spouse, children, and other dependents.^[1] 

Social Security benefits are also referred to as “RSDI” or “OASDI” (Retirement/Old Age, Survivors and Disability Insurance). Financial need is not a factor in eligibility determinations, so there are generally no eligibility rules that limit how much other income or resources an individual can have to be deemed eligible. Social Security benefits are linked to Medicare eligibility.^[2]

Social Security benefits include retirement (“old age”) benefits, survivor benefits, disability benefits, and auxiliary benefits for the dependents of those receiving retirement or disability benefits. In May 2026, over 71 million Americans received these benefits from the Social Security Administration (SSA), including over 54 million retired workers, seven million disabled workers, and almost four million dependents of retired and disabled workers. Just under six million received survivor benefits .^[3] 

In May 2026, the average monthly benefit amount for all Social Security beneficiaries was $1,935; for retired workers, it was $2,083; for survivor beneficiaries, it was $1,627; and for disabled workers, it was $1,635.^[4]

In general, eligibility for Social Security benefits requires that the worker be “fully insured” at the time of retirement, disability, or death. An individual is considered “fully insured” if the individual has earned 40 “quarters” or “credits” in covered employment.^[5] The use of the term “quarters” is misleading, as it has nothing to do with calendar quarters. It simply refers to a dollar amount that one must earn in a calendar year to obtain a credit for that year, with four being the maximum number of quarters or credits one can earn each year.^[6] The amount of earnings required for a quarter in 2026 is $1,890.

What Benefits are Available for Dependents of Retired Workers?

Spouses of Retired Workers

Spouses are eligible for Social Security benefits based on a retired worker’s earnings record.^[9] For married couples, a spouse can only claim spousal benefits if the worker has already begun claiming retirement benefits. For spouses to collect Social Security benefits on a retired worker’s record, with limited exceptions, they must have been married for at least 12 months.^[10] The spouse must be:

• At least 62 years old or older; or
• Be caring for the retired worker’s child who is under age 16 or disabled, including disabled adult children.

A spouse can receive up to 50% of the worker’s PIA. When a spouse (or divorced spouse) applies for spousal benefits, they are “deemed” to apply for all other benefits they are eligible for that month, including their own retirement benefits. SSA then pays whichever benefit is higher.^[11]

If a spouse elects to collect spousal benefits before reaching their FRA, they will be subject to an early retirement penalty.^[12] Spousal benefits are also reduced if the worker claimed their retirement benefits before reaching their FRA. Those receiving spousal benefits who are younger than their FRA are subject to an “earnings test” if they continue working.^[13] Spousal benefits do not include any delayed retirement credits^[14] the worker may receive for waiting to begin collecting retirement benefits after their full retirement age.^[15]

Divorced Spouses of Retired Workers

Divorced spouses are eligible for Social Security benefits based on a retired worker’s record if they are at least 62 years old or older AND the marriage lasted for at least 10 years.^[16] Generally, a divorced spouse cannot collect benefits based on a former spouse’s record if they have remarried,^[17] unless the later marriage has ended (either by death or divorce).^[18] Divorced spouses who had more than one marriage that lasted at least 10 years do not receive multiple benefit checks or one for each marriage. SSA determines which former marriage will yield the largest amount in spousal benefits to the ex-spouse and pays those benefits.

The divorced spouse’s benefits will not affect the amount in benefits that the retired worker or any current spouse receives. A divorced spouse who has turned 62 can start claiming spousal benefits as soon as their ex-spouse is entitled to claim retirement benefits (that is, the ex-spouse has reached age 62), even if the ex-spouse has not applied and is not actually receiving retirement benefits.^[19]

Children of Retired Workers

Children of workers receiving retirement benefits are eligible for auxiliary benefits on that worker’s record if the child is unmarried, and either under age 18 (under age 19 if still in high school) OR an adult with a disability.^[20] Generally, a child of a retired worker can receive up to 50% of the worker’s PIA, subject to the Family Maximum rules.

Benefits for an adult disabled child of a retired worker are known as Childhood Disability Benefits (CDB)^[21] or Disabled Adult Child (DAC) benefits. To be eligible:

• The child must be over age 18;
• Their disabling impairment must have started before age 22;
• They must meet the disability standard for adults;
• They must be unmarried; and
• They must never have engaged in substantial gainful activity after age 22 ($1,690 per month in 2026).

What Benefits are Available for Dependents of Disabled Workers?

Spouses, divorced spouses, and children of workers who are receiving Social Security Disability Insurance benefits are eligible for auxiliary benefits following the same rules as those for dependents of workers receiving retirement benefits, described above. Generally, these dependents can each receive up to 50% of the worker’s PIA. However, more restrictive rules for the Family Maximum apply to disability beneficiary families.^[22]

What Benefits are Available for Dependents of Deceased Workers?

Widows and Widowers, including Divorced Spouses

The spouse of a deceased worker can receive survivor benefits if they are:

• Over age 60,
• Over age 50 and disabled with certain time limits on when the disability must be established
• Not entitled to a higher benefit on their own record, and
• Generally married for at least 9 months prior to the death of the worker.^[23]

For divorced spouses, the marriage to the deceased worker must have lasted for at least 10 years. If the surviving spouse remarries before age 60, they usually cannot get survivors benefits on the deceased spouse’s record, but if they remarry after age 60 (or age 50 if disabled), they can.^[24]

If the surviving spouse or divorced spouse waits until their FRA before applying for survivor benefits, they will receive 100% of the deceased worker’s benefit amount. This amount will be reduced if the deceased worker started receiving their retirement benefits early. It will also be reduced if the surviving spouse or divorced spouse starts receiving survivors benefits before reaching their FRA. ^[25] They may choose to apply for survivor benefits and delay receiving their own retirement benefits until after their normal retirement age, receiving delayed retirement credits. Those receiving survivor benefits who are younger than their FRA are subject to the “earnings test” if they continue working.^[26]

A surviving spouse of the deceased worker who is under age 60 and unmarried can receive “mother’s” or “father’s” benefits when caring for the deceased worker’s child who is under age 16 or disabled.^[27]

Children of Deceased Workers

Children of deceased workers are eligible for survivor benefits on that worker’s record if the child is unmarried and under age 18 (under age 19 if still in high school) OR an adult with a disability.^[28] Generally, a child can receive up to 75% of the worker’s PIA, subject to the Family Maximum rules.^[29]

Parents of Deceased Workers

A parent of a deceased worker who is age 62 or older and was dependent on the worker for at least half of their support may be eligible for auxiliary benefits on the worker’s record.^[30] The parent must not be married after the worker’s death, with certain exceptions.^[31] This category is quite rare.

Conclusion

When a worker starts receiving Social Security retirement or disability benefits, other family members, including spouses, ex-spouses, and children, may also be eligible to receive auxiliary benefits and receive a monthly payment of up to one-half of the worker’s benefit amount. These Social Security payments to family members will not decrease the amount of the worker’s benefit. When a worker dies, family members may be eligible for survivors’ benefits, including widows, widowers, surviving divorced spouses, children, and dependent parents.

Understanding Social Security auxiliary and survivor benefits allows advocates to secure critical income for vulnerable clients. These benefits provide crucial financial support to qualifying family members of disabled, retired, or deceased workers, often preventing deep poverty among older adults and children.

Resources

• Code of Federal Regulations
• POMS
• SSA Publications

Endnotes

1. 42 USC §§ 402, 423 ↑

2. Medicare is a social insurance program for health care funded by a payroll tax. Monthly premiums, usually deducted by the Social Security Administration from Social Security benefits for Part B, also cover a portion of the costs. People 65 and older, those who have received Social Security Disability Insurance benefits for 24 months (with exceptions for those receiving SSDI on the basis of Amyotrophic lateral sclerosis (ALS) and Early Stage Renal Disease (ESRD)), and children or surviving spouses 50 or older who meet the Social Security disability standard are eligible for Medicare.

   Medicare has four parts (42 U.S.C. §§ 1395c–1395i-5 (Part A, hospital insurance); id. §§ 1395j–1395w-6 (Part B, medical insurance); id. §§ 1395w-21–1395w-29 (Part C, Medicare Advantage plans); id. §§ 1395w-101–1395w-154 (Part D, prescription drug coverage)).  ↑

3. Social Security Administration (SSA), Monthly Statistical Snapshot, May 2026, at Table 2. ↑

4. Id. ↑

5. 20 C.F.R. § 404.110. Some auxiliary and survivor beneficiaries will be eligible if the wage earner was “currently insured” rather than “fully insured.” For example, children, surviving spouses caring for a child under 16, and disabled adult children may be able to receive survivor benefits, if the deceased worker had credits for six of the 13 consecutive quarters ending with the quarter of death. 20 C.F.R. § 404.120. In addition, disabled workers must have at least 20 credits earned in the 40-quarter period prior to when their disability began, with less restrictive rules for younger workers who have not had enough time to build a sufficient work record. 20 C.F.R. § 404.130 ↑

6. SSA, Office of the Chief Actuary, Quarter of Coverage. ↑

7. SSA, Office of the Chief Actuary, Formula for Family Maximum Benefit. ↑

8. SSA, Office of the Chief Actuary, Primary Insurance Amount. ↑

9. SSA, Program Operations Manual System (POMS), RS 00202.001, Definitions and Requirements for Spouse Benefits. ↑

10. Id. There are exceptions to the 12 months of marriage requirement, including being the natural parent of the worker’s biological child. ↑

11. SSA Benefits Planner: Filing Rules for Retirement and Spouses Benefits ↑

12. SSA, Office of the Chief Actuary, Benefit Reduction for Early Retirement. ↑

13. Those who elect to receive retirement, spousal, or survivors benefits before reaching their full retirement age and continue working are subject to a benefit reduction for each month they are working and earning over a certain amount, up until they reach their full retirement age. SSA, Office of the Chief Actuary, Exempt Amounts Under the Earnings Test. ↑

14. Delayed retirement credits (DRC) are permanent increases to monthly Social Security benefits that are earned for each month the beneficiary postpones claiming their benefits after their FRA. DRC accumulate monthly at a rate of two-thirds of 1% per month, or 8% per year, up to age 70. 20 CFR § 404.313 ↑

15. Id. ↑

16. SSA, POMS RS 00202.005, Divorced Spouse ↑

17. SSA, POMS RS 00202.045, Remarriage of a Divorced Spouse – Policy ↑

18. SSA, POMS RS 00202.046, Entitlement of a Divorced Spouse After Termination of Subsequent Marriage – Policy↑

19. SSA, POMS RS 00202.005.B.2., Divorced Spouse. However, remember their benefits will be permanently reduced by the early retirement penalty if they start receiving benefits before they reach their full retirement age. If the wage earner has not applied for their own benefits, the divorced spouse cannot collect until two years following the divorce. POMS RS 00202.005.B.2.c. ↑

20. SSA, POMS RS 00203.001, Entitlement and Non-Entitlement Provisions for Child’s Benefits. Stepchildren, adopted children, grandchildren, and step-grandchildren may also be eligible for auxiliary benefits on the record of a retired, disabled, or deceased worker. SSA, POMS GN 00306.230, Stepchild Relationship Requirements, and SSA, POMS GN 00306.235, Entitlement Requirements – Benefits Based on E/R of Grandparent. ↑

21. SSA, POMS RS 00203.080, Childhood Disability Benefits. ↑

22. Kathleen Romig and Dave Shoffner, “Understanding the Social Security Family Maximum,” Social Security Bulletin, Vol. 75, No. 3 (2015). ↑

23. SSA, POMS RS 00207.001, Widow(er)’s Benefits Definitions and Requirements. There are exceptions to the 9-month duration requirement, including that the worker’s death was accidental or occurred in the line of duty while serving in the military.↑

24. SSA, POMS RS 00207.003, How Remarriage Affects Widow(er)’s Benefits. ↑

25. SSA, What you could get from Survivor benefits. ↑

26. See footnote 13 above. ↑

27. SSA, POMS RS 00208.001, Mother/Father Definitions and Requirements. When the youngest child of the deceased worker turns 16, the mother’s/father’s benefits will be terminated unless the parent continues to care for a child of the deceased worker with a disability. SSA will evaluate the child’s disability to determine if the parent’s eligibility for mother’s/father’s benefits continues.↑

28. SSA, POMS RS 00203.001, Entitlement and Non-Entitlement Provisions for Child’s Benefits.↑

29. SSA, Office of the Chief Actuary, Formula for Family Maximum Benefit. ↑

30. SSA, POMS RS 00209.001, Entitlement and Non-Entitlement Provisions for Parent’s Benefits.↑

31. SSA, POMS RS 00209.005, How Marriage Affects Entitlement to Parent’s Benefits. ↑