Ask Larry

When Can I Start To Collect On My Husband's Record?

I have been a widow for about a year now. I was born in 1958 am 60 now married over 41 yr. My husband lived like an was a dope feen. He was also on a medical retirement from Fords an recieving s.s which they told me i could not have because of my age at the time i filed an because i was not living with him at the time he died we never I divorced an i was never allowef to work so there is no s.s. for me from myself. When can i start to collect the $ owed to me, an is there $ owed to me. He always worked hard so i wouldnt have to struggle he said but s.s. wont budge help me please

Hi,

I'm sorry for your loss.

You can potentially qualify for reduced widow's benefits as early as age 60, so it sounds like you should be eligible now. I don't know why Social Security would have said that you're not eligible, since living with your spouse isn't a requirement for entitlement to widow's benefits. You probably wouldn't qualify for the $255 one-time death benefit, though, since living together is normally required for that.

Assuming that you're okay with receiving a reduced benefit rate, you may want to insist on applying for benefits now regardless of what Social Security says. That way they will be forced to make a formal determination on your eligibility and tell you why you're not eligible if they disallow your claim. Furthermore, that would give you appeal rights if your claim is disallowed. Social Security will require proof of your marriage, so if you apply in person you'll want to take a certified copy of your marriage certificate with you.

Best, Jerry

Category: 
Posted: 
Jun 20 2018 - 9:24am
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