My ex died in 2009, and I’ve been drawing disability since 2004 and I called SS day after his death to sign our 2 children up for their dads SS and see if I was elegible for the widows benefit but the person I talked to said he couldn’t give me any of the information because my ex mother in law already signed them up. All these years have went by with me being homeless or struggling to pay bills and was wanting to get what I’m entitled to. But I signed up for widows benefit in feb 2021 and denied because Rey couldn’t prove I was disabled before 2015(even tho I was drawing disability for 11 yrs by that time) so I appealed it and it’s been submitted since April 2022. My question is Should I or do I get back payments for the years from his death or should I get them fron when I turned 50?

Hi. You don't mention your age or date of birth, so I can't give you a complete answer. Here's what I can tell you. One of the requirements to qualify for survivor benefits is filing an application (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html), and the limit on retroactivity on a claim for disabled surviving divorced spousal benefits is 12 months prior to the month you apply. Also, the minimum age requirement for disabled surviving divorced spousal benefits age 50.

Therefore, the earliest month for which you could potentially be paid disabled surviving divorced spousal benefits is the later of a) the month you turned age 50, or b) 12 months prior to the month in which you applied for survivor benefits. So, if you didn't apply for survivor benefits until February 2021, then you couldn't be paid for any months prior to February 2020 even if you turned age 50 before then.

Best, Jerry