Hi Larry,

I have a friend that is in her 80's. She is divorced and was married for over 10 years. She filed for social security disability at age 60, When she filed her ex-husband was deceased and she never remarried. He died at age 61 and had not yet filed for social security although he had remarried and was married when he passed away. From what she told me when she filed at age 60 she told them the situation and she gets a certain amount each month which apx #350 was a benefit from his social security. He was a high income earner. Would there be any reason why she would not be entitled to all of his benefit since he is deceased? Seems like she should be getting much more - like 100% of his.

Hi,

Well, $350/mo. does sound too low if her ex was a high earner, but I don't have access to his earnings history so I have no way of knowing if the amount that your friend receives is correct.

Unreduced surviving divorced spousal benefits are paid at a rate of 100% of the deceased spouse's full retirement age benefit amount (PIA). But, if the deceased drew reduced retirement benefits before their death, the survivor rate is lowered. That apparently isn't involved in your friend's case, but since she started drawing at age 60 rather than at her full retirement age, her monthly rate would be reduced by 28.5% from the full rate.

You didn't mention whether or not your friend is eligible for benefits on her own record, but if she is, she would only be eligible to receive the higher of her own benefit rate or the surviving divorced spousal rate. If her own benefit rate is lower than the surviving divorced spousal rate, she would receive her own benefit plus an excess surviving divorced spousal benefit equal to the difference in the 2 rates. So, if that's the situation, it could explain why the amount payable from her ex's record isn't higher.

Best, Jerry