Ask Larry

Can't I Get My Deceased Husband's Benefits If I'm Over 50 And Disabled?

I am 58 years old. I have been on disability for about a year. Social Security backdated my claim to when I applied which makes it not quite three years of payments altogether. My husband was also on Social Security disability for about four years. He has passed away and I have applied for his benefits and I was denied except for $255 death benefit. I was told that was all I qualified for. It is my understanding that that if I was on disability and at least the age of fifty that I would get his benefits. Which one is correct?

Hi. I'm sorry for your loss. You can't be paid both your own Social Security disability (SSDI) benefits and a full widow's or disabled widow's benefit (DWB) at the same time. However, if your husband's primary insurance amount (PIA) is higher than your own PIA, then you probably should be eligible for a partial DWB in addition to your own SSDI benefit.

A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their full Social Security disability (SSDI) benefit rate. I have no way of knowing how your PIA compares to your husband's PIA, but if his was higher than yours then it sounds like you would want to file an appeal request on the disallowance of your claim for DWB benefits.

Best, Jerry

Oct 4 2021 - 7:43am
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