Ask Larry

What Should We Do?

I am 53 , my husband is 61 he has brain cancer stage 4. We have 2 daughters 12 and 14
I am being advised to ask for his social security special condition. He is terminal and not suppose to last 1 year.
I was also told that this will reduce my children payment and widow payment.
I worry about losing our house. I work for home, but I have had to stop working to take care of him.
I need to be able to pay for healthcare. we have still about 8 months left of saving. He was diagnosed this summer
I do no know what to do.

Hi,

I'm sorry to hear about your husband's illness. It sounds like your husband should apply for Social Security disability (SSDI) benefits, if he hasn't already done so. SSDI applications can be filed online (https://www.ssa.gov/benefits/disability/), or by calling Social Security. Assuming that your husband's claim is approved or if he dies, it sounds like you and your children may also qualify for auxiliary or survivor benefits. Social Security has a provision to allow for expedited processing of SSDI claims when terminal illnesses are involved, which is called a compassionate allowance. Perhaps that's what you mean by asking Social Security for a special condition.

Filing for SSDI and asking for a compassionate allowance would not lower the potential benefit amount that could be paid to you and your children. Nor would it adversely affect your future widow's benefit rate or the survivor benefit rate potentially payable to your children. There is a family maximum benefit (FMB) that would likely limit how much you and your children could be paid, but the FMB would apply regardless of whether or not a compassionate allowance is involved.

Something that could reduce your future widow's benefit rate would be if your husband collects reduced Social Security retirement benefits prior to his first month of entitlement to SSDI benefits. The earliest that your husband could qualify for Social Security retirement benefits is when he reaches age 62, though, so that likely won't be a concern as long as your husband is already entitled to SSDI benefits by then.

Best, Jerry

Posted: 
Jan 18 2021 - 10:29am
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