Ask Larry

Can I Collect A Widows Benefit If My Husband Died Before We Were Married For Nine Months

Hello Larry,

I filed for widow benefits this year at 60 years of age and was denied because I wasn’t married to my husband for at least nine months before he died. This is true. Is there any exception, recourse or loop hole to this decision?

My husband to be and I planned to marry in June, 2004, he was diagnosed with cancer, we moved the date up and married on June 11, 2003, he died February 5th, 2004. These are the basic facts.

Dear Anita,

I think you should appeal this decision. Social Security makes exceptions for deaths that occur sooner than nine months. I don't know if your case will be viewed as an exception. I hope so. I'm so sorry to hear of your husband's passing.

My best, Larry

Posted: 
Sep 3 2016 - 11:30pm
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