R was a seaman in The United States Navy, serving aboard a submarine, the U.S.S. Thresher, which failed to resurface during a test run and was tragically lost at sea. The U.S. Navy declared the vessel lost and the crew members deceased on April 10th, 1963.

At the time of his death, R was fully insured for social security purposes based on his years of Naval service. His primary insurance amount was $102.

On May 3rd, 1963 R’s widow, W, applied for and received widow’s survivor benefits and child’s survivor benefits for herself and her son. They went each entitled to 75% of R’s primary insurance amount, or $76.50 per month.

R purchased a grave lot and erected a memorial for here deceased husband. The question was whether she’s was entitled to receive the lump sum death benefit from social security in the amount of $255 per month.

There are two ways to qualify for the lump death benefit: 1) one is a surviving spouse living in the same household with the deceased worker at the time of his death, or 2) if there is no surviving spouse who meets this requirement, the lump sum death benefit may be be used to pay the worker’s buries expenses incurred because or through a funeral home, or to reimburse the personal which paid the person’s burial expenses.

Even though W bought a grave lot and erected a memorial thereon, she had incurred no burial expenses because R’s body had not been recovered so there were no burial expenses.

Thus, in order to qualify the receive the lump sum death benefit, she and her husband needed to be living in the same household at the time of R’s death.

Although R spent the majority of his time away at sea 🌊 in the navy, he always returned and lived with his wife in conjugal bliss.

Because R’s absences were temporary (though lengthy), and because it was always the couple’s intent to continue to reside together, it was held that R and W were living in the same household at the time of his death.

Therefore, W was entitled to the lump sum death benefit.

See Social Security Ruling (SSR) 64-5.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.