Q: My husband of 49 years died a few months ago. I applied for widow’s benefits and started receiving them without any problems. However, I received a letter telling me that I was not eligible for the $255 death benefit. When I called the Social Security people to ask about this, they told me that I didn’t get the lump sum because we weren’t living together when he died. I am ashamed to admit that my husband had been living with another woman for several years before he died. But it seems strange to me that I can get his monthly widow’s benefits, but I can’t get the funeral benefit. Can you explain this?

A: Yes, I can. It all has to do with the strange story behind that one-time $255 perk. Before I can answer your question, I need to go into some history. It did not begin as a death benefit, per se, at least not in the context it is thought of today. It was certainly never meant to be a “funeral benefit” as you and many other people call it.

As part of the thinking that went into the original Social Security Act passed in 1935, Congress realized that many of the new Social Security taxpayers would die before they ever had a chance to collect benefits. Or they would die without having earned enough “quarters of coverage” to be insured for survivor benefits for dependents. So they decided to compensate the families of a loved one who died with some kind of refund for the Social Security taxes that the deceased had paid into the system. They set up a lump sum they called the “death lump sum.” It was originally intended to compensate the family with an amount equal to 3.5% of the money the deceased had paid into the scheme.

It was intended to be a temporary benefit, because Congress knew that over time most workers would pay enough money into Social Security to be insured for survivor benefits. In other words, when a taxpayer died, the widow or widower (and any minor children) would receive monthly benefits – so this lump sum would no longer be needed.

But as often happens with government programs, once you start paying a benefit, it’s hard to remove it. Over the years there have been any number of proposals to eliminate the death lump sum. But as stingy as the benefit is, it’s a popular feature of the Social Security program. Politicians soon learned that tampering with it meant automatic loss in the next election. So the “temporary benefit” never went away.

From time to time, Congress has made some relatively minor adjustments to the original law. In 1954, they capped the benefit at $255 – and it has remained at that level ever since. In 1983, when politicians were looking for ways to save money in the Social Security system, they limited the payment of the lump sum death benefit to a “spouse living with the deceased at the time of death.” Because your husband was living with another woman when he died, you are not eligible for that death benefit.

Today we basically have a pointless one-time frugal payment that comes with restrictions. Perhaps 50 years ago, $255 paid the cost of a funeral. Today, of course, it barely covers the price of the flowers. If I were the king of the Social Security world, I would do one of two things. I’d either increase the death benefit to something meaningful—say, $2,500—or I’d simply eliminate it.

But I’m a columnist, not a king. So all I can do is explain the law and answer any questions you may have about it. Here are a few more.

Q: My wife died recently. She was a housewife all her life, so she received spousal benefits on my record. All went well with stopping her Social Security checks. But I have two questions. When will I receive the $255 death benefit? And will my benefit go up to give me credit for the spousal share deducted from my checks?

A: I’m sorry, but the $255 death benefit is only paid into the account of someone who had worked and paid social security taxes. It sounds like your wife never did because she only received spousal benefits, not her own social security. The money paid to a spouse is only a “fringe benefit”. In other words, nothing was taken out of your pension check to pay her, so your pension benefit will remain the same.

Q: My husband died five years ago when I was in my 50s. I never remember receiving the death benefit. Was it automatic?

A: No, it is not automatic. You must apply for death benefits. I’m not sure, but it might be too late to apply for it now. To find out, call Social Security at 800-772-1213.

Q: My father died on June 25th. My parents were divorced, although they were still close friends. My mother applied for and began receiving divorced widow’s benefits on her record. But I have two questions. Why did she have to return his June check? And why didn’t she get a death benefit of $255?

A: She had to return the June check because Social Security benefits are not prorated. Since your father was not alive for the entire month of June, the check for that month must be returned. But there’s an upside to that disproportion: Your mom started getting divorced widow’s benefits for the entire month of June, even though she was only widowed for five days that month.

As for the death benefit, the law states that it can only be paid to a widow who was living with the deceased at the time of death. I’m assuming your divorced parents didn’t live together, so the $255 can’t be paid to her.

If you have a Social Security question, Tom Margenau has two books with all the answers. One is called Social Security – Simple and Smart: 10 easy-to-understand fact sheets that answer all your questions about Social Security. The other is Social Security: 100 Myths and 100 Facts. You can find the books at Amazon.com or other bookstores. Or you can send him an email at [email protected]. To find out more about Tom Margenau and to read past columns and see features from other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.