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How Do The Rules Regarding Widow's Benefits Apply In My Case?

FOLLOW UP: DISABLED WIDOW RECEIVING DECEASED SPOUSES SS REDUCED RETIREMENT RATHER THAN REDUCED DISABILITY ( home with children prior to injury-low work history)
First thank you again for what you do. I would gladly have paid for your responses and thoughts. (Jerry and Larry). I have shared your site and software with several family members and friends.
My apologies for not being more clear in my last 2 emails RE: widowed age. My BD is: 08/16/1958. I was 59 yrs when my husband passed. The supervisor at my local office informed me that I had been approved for disability, yet SS needed to use the age 60 because I turned 60 yrs, 9 days after my husbands passing (or “in the same month”). I cannot locate the Policy Reference (or any reference) for that rule in my thorough research of DWB/Survivors on the SS online site. Would you be kind enough to share “any” information you know/have regarding this topic. Widowed @ 59 years 9 days. Does SS have to use 60 years allowing me less $ to work with.
I’m skeptical because the SSA has not followed any of the correspondence protocol on their site. Reps “always” say: “ok give me a few minutes to read the notes”. (The time for their return gets lengthier, the longer I search for an answer), they’ve hung up on me when I’ve asked this question, I have never received an award letter, which I’ve requested 3 times. Each time I’ve received something completely unrelated. I was also never asked to sign a SSA-4111 to accept reduced benefits. So much more that if it didn’t really happen, I wouldn’t believe it myself. Sorry - just had to vent some frustration. Take care and thank you again.

Hi. The first month that a person can be eligible for widow's benefits based on age is the month in which they attain age 60 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300207009). You don't have to be age 60 for the entire month in order to qualify for widow's benefits, you just have to reach age 60 at some point in the month. And, the first month of potential eligibility to widow's benefits is the month in which your spouse dies, not the following month. Therefore, since you reached age 60 in the same month that your husband died, your first month of eligibility for widow's benefits based on age was August 2018.

You couldn't technically have qualified for disabled widow's benefits (DWB) because you were already eligible for widow's benefits based on age in the month of your husband's death. However, that fact wouldn't result in any adverse effect on your widow's benefit rate. DWB benefits that start between a person is age 50 to 59 are paid at a rate of 71.5% of the deceased spouse's primary insurance amount (PIA), as are regular widow's benefits when the widow starts drawing benefits effective with the month they reach age 60. In other words, if you had qualified for DWB benefits at age 59, you would not be getting a higher monthly benefit rate than you are getting now.

As I explained in my answers to your previous questions, though, you can be technically considered to be a deemed DWB between ages 60 and 65 for the purpose of qualifying for Medicare benefits prior to age 65. If you've filed for and been approved for deemed DWB, it sounds like your Medicare eligibility could begin as early as the month you reach age 62.

You mention form SSA-4111 (https://www.ssa.gov/forms/ssa-4111.pdf), but that form wouldn't be necessary in your case. That form is only used for people who are already receiving spousal benefits when their spouse dies, and if the person receiving spousal benefits has not yet reached full retirement age (FRA). Since you weren't already drawing spousal benefits when your husband died, you would have been required to file a full application for widow's benefits in order to become entitled, not a form SSA-4111.

Best, Jerry

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Posted: 
Mar 7 2021 - 11:25am
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