Ask Larry

Can I Apply For Widow's Benefits If I'm Already Drawing My Own Benefits?

Hi Larry, I retired in 2011 after working for 30 years. When I retired in 2011, that was an early retirement because I was only 63. So I've been collecting from Social Security since age 63. What I want to know is if I can apply for widow's benefits since my husband worked more or less 28 years. He passed away last December 8 but he was on disability at the time of his death. He was already collecting Social Security at age 63. Thank you.

Hi,

I'm sorry for your loss.

You can certainly apply for widow's benefits, but you'll only qualify for those benefits if your widow's benefit rate is higher than your own benefit rate. Under the Social Security law, if a person is eligible for more than one type of Social Security benefit at the same time they can't be paid any more than the higher of the two benefit rates.

Therefore, since you're already drawing your own benefits if your own benefit rate is higher than your widow's rate you'd just continue to receive your own benefit rate. But, if your widow's rate is higher than your own rate, you could then be paid the higher widow's rate. What would actually happen in that event is you'd continue to be paid your own benefit plus a partial widow's benefit equal to the difference in your own rate and your widow's rate. Your combined benefit amount would then add up to the higher widow's rate.

Best, Jerry

Category: 
Posted: 
Aug 28 2020 - 7:17am
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