A member of the United States Air Force, G, went tragically missing in action on August 26th 1962. In November of that year the Air Force determined that G had died on August 26, 1962 and paid his widow the wages he had accrued prior to his death.

In November 1962 G’s widow, W, applied for survivor’s benefits for herself and her child. As survivors, they were each entitled to benefits in the amount of 75% of G’s primary insurance amount.

The question arose as to whether G’s accrued wages that were paid to his widow were countable Social Security earnings for purposes of calculating his primary insurance amount. It was held that they were, as long as these wages were paid within a year of his death.

Because of this G’s primary insurance amount, and thus W and her child’s survivor benefits, were higher than they otherwise would have been.

See Social Security Ruling (SSR) 64-8.

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.