Widow’s survivor benefits terminate at the time she reaches the age of sixty (60), when she will qualify for widows’ benefits under the Social Security Act: MORSEY, INC. V. FRAZIER (SC 2/21/2008)

MORSEY, INC. V. FRAZIER
WORKERS COMP:  Survivor Benefits
2007-SC-000159-WC.pdf
PUBLISHED: REVERSING AND REMANDING
OPINION OF THE COURT
DATE RENDERED: 2/21/2008

KRS 342 .730(4) limits the duration of an award of survivors’ benefits to a widow of an employee who dies because of a work related accident to the date when the widow would qualify for regular Social Security retirement benefits based on the employee’s earnings record. Referring to 42 U.S .C. § 402(e), the Court held that a widow’s benefits terminate at the time she reaches the age of sixty (60), when she will qualify for widows’ benefits under the Social Security Act.

Digest by Peter Naake

Comments

I do not know how my last post was posted twice. There is a statute that says we have 2 years from the day the last check was received to file a claim. I am looking into that now. I am trying hard to see what I need to do to help my mother. This new law should not affect those who were already expecting their benefits till a certain date and because of a law changing they lose their money. Workers compensation was not considered income and was not taxed. My father paid in social security and his wife should get that. My dad died of a work related injury so she should be able to have that money. These people were slick enough to make workers comp considered income and call it double dipping when some are entitled to both. My mother was 63 when he died. She had a promise to her that was taken away unexpected. I do understand in a way why this law was changed. The younger widows will get the amount they are promised. I also think our government is broke and they do not care about the little people and they can make things legal to fix their problem. If I cannot fix this my next idea is to show my mothers case to the media and post thoughts everywhere. Those earthquakes happened right after we found out my mom lost her money. If my dad knew how his death was taken so lightly then those earthquakes could have been from him and all the other deceased that has widows being treated so badly. Her case is rare but she is entitled to what she was told to get. Social security does not pay enough for her house payment, extra medical insurance she paid that my dad would have paid for her if he were alive, groceries, utilities etc. She lived modest and watched every penny. She could take trips with widows to pass time and help her live as good as she could without my dad. This money was helpful and she is entitled to it. She can't get my dad back. If she could have my dad she would not care if she had a dollar. My dad was her life. Since she lost her money soon after losing a son to lung cancer she has not left the bed. She has no where to go and no money to get away and try to live. She refuses to live with us because she wants us to have the private life her and my dad had intruded on because she has had bad luck. I am sure my comments will be taken off, but I will find another place to rant. I am sick of watching my mom be a victim. I hope if not my mom I help someone else not go through this. If I can do that my mom would feel like she won.

This law hurt my family. My moms benefits ceased with no warning. In 2004 my dad died in a work related accident. He died instantly. My dad was 53.My mom was 63. She was 10 years older than my dad. The insurance company told my mother by law they had to pay her a one time lump sum and a monthly check that equal to 50% of what my dad would have made until he would have turned age 66. I told them that my mother was older. They said my moms age did not matter they can only go by my dads age. Then 2 weeks ago my mom receives a letter that her benefits ceased because of this new law. My mom has not been given what is promised. She is 67 and has been promised at age 63 she would get these benefits. If this law was known about by the insurance company then why did they offer her something she was not eligible for in the first place? Because they knew they would save money and not have to pay her. They should have treated her better than this. There has to be a way for her to get what she deserves. She has been cheated.

This law hurt my family. My moms benefits ceased with no warning. In 2004 my dad died in a work related accident. He died instantly. My dad was 53.My mom was 63. She was 10 years older than my dad. The insurance company told my mother by law they had to pay her a one time lump sum and a monthly check that equal to 50% of what my dad would have made until he would have turned age 66. I told them that my mother was older. They said my moms age did not matter they can only go by my dads age. Then 2 weeks ago my mom receives a letter that her benefits ceased because of this new law. My mom has not been given what is promised. She is 67 and has been promised at age 63 she would get these benefits. If this law was known about by the insurance company then why did they offer her something she was not eligible for in the first place? Because they knew they would save money and not have to pay her. They should have treated her better than this. There has to be a way for her to get what she deserves. She has been cheated.