Ask Larry

Can I Now Receive My Deceased Husband's Benefits?

When my husband passed away suddenly in 02, we had been together for years but only been married 9 months. When he passed his only surviving daughter of course received his benefits. Then she commuted suicide in 09. Can I now receive his benefits?

Hi. I'm sorry for your loss. You can't be paid your husband's actual benefits, but if you were married for at least a full 9 months then you may be eligible for survivor benefits. If your marriage lasted less than 9 months you'd need to meet one of the exceptions to the duration of marriage requirement, which are explained in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401 & https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0404.html). And, by the way, the fact that your husband's daughter apparently collected survivor benefits on his record would have no effect on whether or not you could qualify.

You must be at least age 60, or at least age 50 and disabled, to potentially qualify for widow's benefits. You must also be unmarried, or if you're married, your current marriage must have occurred after you reached age 60. If you think that you may qualify for widow's benefits, you may want to contact Social Security to discuss your options.

Best, Jerry

Category: 
Posted: 
Mar 7 2021 - 12:27pm
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