Ask Larry

Is There Any Way I Could Qualify For Benefits On My Deceased Wife's Record?

My wife was 69 and passed away after only married three and a half months.social security said I can’t clam her benefits, that we had to be married for one year.is there any way this could be changed.thank you for your assistance.

Hi. I'm sorry for your loss. The duration of marriage requirement for widow(er) benefits is actually 9 months, not a full year. There are also some exceptions that can allow a person to qualify for widow(er) benefits based on a marriage lasting less than 9 months. The most common exceptions involve having a child in common (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html), or accidental deaths (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0404.html).

An example of what Social Security would consider to be an accidental death include death from a heart attack caused by unusual exertion (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305105). So, if you think that your wife's death may be classified as accidental or if think there's a possibility that you meet one of the other exceptions, you may want to file an application with Social Security in order to get a formal determination of your eligibility for widower benefits.

Even if you can't qualify for monthly widower's benefits, though, you may qualify for a one time Social Security death benefit of $255. There's no set length of marriage required to qualify for the $255 lump sum death benefit, so you should probably apply for that benefit if you haven't already done so.

Best, Jerry

Posted: 
Mar 3 2021 - 11:07am
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