Ask Larry

Am I Entitled To My Deceased Husband's Back Pay?

My husband was awarded 3 yrs of backpay disability benefits. He died a week after being awarded his benefits. Am I his wife of 36 years entitled to the disability back payments he was awarded?

Hi. I'm sorry for your loss. If you were either living with your husband at the time of his death, or if you were eligible for Social Security benefits from your husband's record in the month of his death, then yes you would almost certainly be eligible for any underpayment of benefits to which your husband was entitled. Otherwise, an entitled child or parent could potentially qualify for the underpayment instead of you.

When Social Security benefits are due to a deceased person, there is a statutory priority order that determines who can claim the underpayment. The priority order and the form needed to claim an underpayment can be found on the following Social Security website: https://www.ssa.gov/forms/ssa-1724.html.

Best, Jerry

Posted: 
Oct 18 2022 - 12:31pm
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