My mother and mother-in-law never drew social security until the death of their spouses. I recently read that a spouse, mail or female was entitled to their own SS, even if they never worked the entitled number of segments. My understanding is that they were both entitled to claim SS, up to 50% of the spousal amount. Cam they claim past due amounts? Thanks

Hi,

Just to clarify, your mother and mother-in-law couldn't have drawn benefits based on their own work records unless they had enough quarters of coverage to be insured (https://www.ssa.gov/oact/COLA/QC.html). However, either or both of them may have been able to draw spousal benefits prior to their husbands' deaths if they met the requirements for entitlement (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html).

In order to qualify for spousal benefits on a living spouse's record, a person must be at least age 62 or have an eligible child of the worker's in their care. And, their spouse (i.e. the worker) must be drawing their Social Security retirement or disability benefits.

If your mother and mother-in-law would have been eligible for spousal benefits and didn't file for them, it would likely be too late to claim them now. Social Security spousal benefits can only be claimed retroactively for a maximum of 6 months prior to the month that an application is filed.

Best, Jerry