Ask Larry

Can I Qualify For Survivor Benefits On My Partner's Account?

Hello, my partner passed away 2014 we were together for 10 years . He is the father of my 2 kids. They get survivors benefits. Can I qualify to get survivor benefits since we were together for 10 years but we didn’t get married?

Hi. No, unless you and your partner had an established a domestic partnership that legally permitted you to share in the distribution of your partner's intestate personal property under the laws of your State. If you and your partner resided in California at the time of his death, refer to the following section of Social Security's operations manual to see if you think you might meet the requirements for survivor benefits: https://secure.ssa.gov/apps10/poms.nsf/lnx/1505005006. If you think there's a possibility that you might qualify, you can insist on filing a claim for benefits with Social Security in order to get a formal determination which would give you appeal rights.

Best, Jerry

Posted: 
Dec 12 2022 - 12:31pm
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