Dear Larry, My father age 85 just passed away and my mother age 81 has been denied his social security because they say she receives a pension. She does not receive social security but receives $300 a month in state teachers retirement. Shouldn't my mother be eligible for my deceased fathers social security even with the small pension she receives? His benefit is almost 4 times her pension.
Thank you.

Hi,

I'm sorry for your loss.

Based on your description, it certainly sounds like your mother should be eligible for some Social Security widow's benefits. The Government Pension Offset (GPO) provision only requires withholding of 2/3rds of the gross amount of a non-covered government pension from the benefit rate that a widow would normally receive (https://www.ssa.gov/pubs/EN-05-10007.pdf). It sounds like your mother should re-contact Social Security and ask to file a claim for widow's benefits, or consider filing an appeal if she's already filed and her claim was disallowed.

Best, Jerry