Ask Larry

What Do I Need To Do To Get Benefits From My Deceased Husband's Record?

Hello. My husband of 20yrs passed away June 4,2016 he was on social security . Ok I'm on full disability since 2012 When he passed away I never received the $251 from his death nor do I draw off of him each month. The ppl at social security office told me I had to wait til I was 50 or 55 and I'm only 46... Please help m whay do I need to do.

Hi,

I'm sorry for your loss.

Unless you have a child in your care who is under age 16 or disabled and who's eligible for benefits on your deceased husband's record, then it's true that the earliest that you could potentially qualify for disabled widow's benefits (DWB) is age 50. Even then, you'll only be eligible for DWB benefits if your husband's primary insurance amount (PIA) is higher than your full Social Security disability (SSDI) benefit rate.

If your husband's PIA is higher than your SSDI rate, it sounds like it would be advantageous for you to file for DWB benefits to be effective with the month you reach age 50. Social Security allows you to apply for benefits up to 4 months in advance, so if you're only age 46 now it would be too soon for you to apply for DWB. DWB benefits are reduced for age, but any such reduction is removed when you reach full retirement age (FRA) as long as you were receiving SSDI benefits when you became entitled to DWB.

I'm sorry to hear that you didn't receive a $255 lump sum death payment (LSDP) after your husband's death. That payment is not automatic, and an application is required. Unfortunately, applications for an LSDP must normally be filed within 2 years of of the person's death, so it would almost certainly be too late for you to claim that payment (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300210030).

Best, Jerry

Posted: 
Jul 5 2020 - 10:30am
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