Ask Larry

Shouldn't I Be Eligible For More Of My Husband's Benefits?

Hello I became disabled 2008 at age of 54.and was married over 40 yrs. My husband was diagnosed with stage 4 cancer. Applied for social security disability at age 62 and passed away at age 64.they said I could only collect 25% as a widow. I received 932 in benefits and 400 for widow. His monthly was 1683.monthly why would I not receive more benefits from him. When he passed 2 days b4 end of month. I lost his benefits income. On the 3rd.I lost our house and vehicles.had to move in with my daughter. Not enough coming in to cover the house and car payments. I'm 66now be 67.I don't understand how they can just take away benefits. Something needs to be done. I get 1400 now a month make 40 to much for food stamps and medicard.. .secondary ins. Medical only.for 120.monthly. so I live on 1280. For everything. Doesn't go far.being married all those years. Should be eligible for more of his benefits. Sorry for venting. I don't get any answers from them. Thank you

Hi. I'm sorry for your loss. Benefit rates are calculated solely based on the worker's Social Security earnings history.
Factors such as a person's current financial circumstances and the length of their marriage don't have any impact on a person's Social Security benefit rate.

No one can be paid more than one full Social Security benefit at a time. If you qualify for more than one type of benefit simultaneously, like disability benefits and widow's benefits, you can only be paid up to essentially the higher of the 2 benefit rates. Social Security pays simultaneously entitled people their own benefits first, though, and if their benefit rate on the other record is higher than their own benefit then they are paid a partial benefit from the other account in addition to their own benefit.

The reason that your total benefit rate is lower than your husband's full benefit amount is because widow's benefits are reduced for age if you start drawing them prior to your full retirement age (FRA). However, there is a provision in the Social Security law that provides that when a widow becomes entitled to a reduced widow's benefit after they've already started drawing Social Security disability (SSDI) benefits, the reduction for age applied to their widow's benefit is removed when they reach FRA (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615350).

I don't have enough details about your and your husband's benefits to know for sure if your widow's rate should be adjusted or how much the adjustment might amount to, but any such adjustment should be automatic so you shouldn't need to do anything to get an increase in your widow's rate if an increase is due. Even if your benefit rate is adjusted, though, it couldn't increase the combined amount of your own benefit and your widow's benefit to more than your husband's full rate. And, if your husband filed for reduced retirement benefits before his disability benefits started, the combined rate you could be paid would be lower than your husband's full rate.

Best, Jerry

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Posted: 
Mar 18 2021 - 9:26am
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