Also known as: social insurances · social security
Written by attorneys · grounded in primary & secondary sources — see below
A government program that provides benefits to retired or disabled workers and their dependents and to surviving family members of deceased workers. The program is funded through mandatory contributions and functions as insurance against loss of income from specified life events.
Samuel Soto receives Social Security disability benefits. The agency sends written notice of proposed termination and allows him to submit a written response. After termination, Soto receives a full evidentiary hearing and obtains retroactive benefits when he prevails.
Sean Steele dies intestate. His surviving spouse Spencer Silver receives joint investment accounts and beneficiary-designated funds by reason of his death. The probate court excludes Spencer's Social Security payments when valuing her property for the augmented estate under the elective share statute.
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Sebastian Santos dies before his child is born through assisted reproduction. The surviving spouse applies for Social Security survivor benefits on the child's behalf. The agency determines eligibility based on state law governing the child's status as the decedent's offspring.
Santiago Sanchez receives Social Security disability benefits and later marries. The agency reduces his benefits under a statutory marriage rule. Sanchez challenges the reduction as an unconstitutional classification but the court upholds the rule as rationally related to a legitimate governmental interest.
Solomon Silver participates in an ERISA pension plan. After his death his second spouse claims survivor benefits. The first spouse's children assert community property rights to a portion of the annuity. The court holds that ERISA preempts state community property law and protects the surviving spouse's annuity.
Sterling Dynamics pays alimony to a former spouse under a state statute that imposes the obligation only on husbands. The payer challenges the statute as a denial of equal protection. The court strikes down the gender classification because it is not substantially related to an important governmental objective.
Social insurance is a mandatory government program funded by contributions that provides benefits to retired or disabled workers and their survivors. Private pension plans are voluntary employer-sponsored arrangements that provide retirement benefits to employees.
Social Security payments are expressly excluded from the property counted toward the surviving spouse's share of the augmented estate. The statute lists homestead allowance, family allowance, exempt property, and federal Social Security payments as items that do not increase the elective share base.
Due process does not require a pre-termination evidentiary hearing. Written notice and an opportunity to respond in writing before termination, followed by a full post-termination hearing with retroactive benefits if the claimant prevails, satisfy constitutional requirements.
…last Term in Mathews v. Lucas, supra , provides especially helpful guidance. In Lucas we sustained provisions of the Social Security Act governing the eligibility for surviving children's insurance benefits. One of the statutory conditions of eligibility was dependency on the deceased wage earner. 427 U. S., at 498, and…