Ask Larry

Can I File For My Deceased Husband's SS If We Were Only Married For About Six Weeks?

My husband died accidental before we could even enjoy our marriage 1 month 2 weeks we was married. Leaving me with a 2 year old child in 2008 and I am disable can I file for his ss. I will be 50 March 6 2022

Hi. I'm sorry for your loss. I'm assuming that your husband worked and paid into Social Security long enough to be insured for survivor benefits. Normally a person must have been married for at least 9 months to qualify for widow's benefits, but that requirement is waived in the case of an accidental death. Therefore, it sounds like you might be able to qualify for widow's benefits on your husband's account at least at some point.

You must be unmarried and at least age 50 to qualify for disabled widow's benefits (DWB), and your disability needs to have started within 7 years of the later of a) your husband's date of death, or b) the end of your entitlement to child in care survivor benefits. You don't mention whether or not you've been drawing child in care survivor benefits nor the date you became disabled, so I can't tell you if and when you might qualify. If you can't qualify for DWB benefits, you'd need to be at least age 60 to potentially qualify for regular widow's benefits.

If you haven't been collecting child in care survivor benefits and if your child hasn't been drawing surviving child benefits, you should probably contact Social Security right away to see if you're eligible.

Best, Jerry

Category: 
Posted: 
Nov 11 2021 - 2:42pm
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.