SSS death benefits

I married my husband on Dec. 25, 2015. I was designated as his sole

beneficiary on the E-1 form he submitted to the Social Security System
(SSS), Quezon City branch on Jan. 5, 2016. My husband died of a
heart attack last week. Since we do not have a child, I would like to
know the things I need to do for me to be entitled to the death benefits
of my deceased husband. Please enlighten me on the matter.

Republic Act 8282, or the “Social Security Act of 1997,” provides:

“SECTION. 8. Terms Defined. — For purposes of this Act, the

following terms shall, unless the context indicates otherwise, have the
following meanings:

“(e) Dependents — The dependents shall be the following:

“(1) The legal spouse entitled by law to receive support from the
member;

“(2) The legitimate, legitimated or legally adopted, and illegitimate

child who is unmarried, not gainfully employed, and has not reached
twen ty-one (21) years of age, or if over twenty-one (21) years of age,
he is congenitally or while still a minor has been permanently
incapacitated and incapable of self-support, physically or mentally;
and

“(3) The parent who is receiving regular support from the member.

“(k) Beneficiaries — The dependent spouse until he or she remarries,

the dependent legitimate, legitimated or legally adopted, and
illegitimate children, who shall be the primary beneficiaries of the
member. xxx” (Emphases supplied)

The Supreme Court in the case of Social Security Commission and

Social Security System vs Teresa G. Favila (GR 170195, March 28,
2011), through Associate Justice Mariano del Castillo, discussed the
entitlement of a spouse as a primary beneficiary under the Social
Security Law:
“It bears stressing that for her (the claimant) to qualify as a primary
beneficiary, she must prove that she was ‘the legitimate spouse
dependent for support from the employee.’ The claimant-spouse must
therefore establish two qualifying factors: that she is the legitimate
spouse, and that she is dependent upon the member for support. Xxx

“This Court defined dependent as one who derives his or her main
support from another or relying on, or subject to, someone else for
support; not able to exist or sustain oneself, or to perform anything
without the will, power or aid of someone else.

“Under this premise, the obvious conclusion is that a wife who is

separated de facto from her husband cannot be said to be ‘dependent
for support’ upon the husband, absent any showing to the contrary.
Conversely, if it is proved that the husband and wife were still living
together at the time of his death, it would be safe to presume that she
was dependent on the husband for support, unless it is shown that she
is capable of providing for herself. xxx The wife-claimant had the
burden to prove that all the statutory requirements have been complied
with, particularly her dependency on her husband at the time of his
death.” (Emphases supplied)

Applying the above-mentioned law and jurisprudence in your

situation, you as the surviving spouse must prove that you are the
legitimate spouse and that you were dependent upon your husband for
support. You also need to provide evidence that at the time of your
husband’s death, you were still dependent on him for support. Lastly,
you may submit affidavits of reputable and disinterested persons who
have knowledge that you do not have income sufficient for your
support.