Ask Larry

Why Aren't My Widow's Benefits Higher?

My husband passed away on Sept 25, 2016. I went to social security to apply for widow benefits. I am on disability drawing a disability check on my own work history. My husband was also on disability then when he reached retirement age his disability check changed to retirement check. I am 62 and my husband was 68 when he passed. The lady at the social security office told me that my widow benefit payment would be $145.00. How can that be correct when my husband was drawing $1230.90 a month and all I am going to get is $145.00. I don't understand how social security considers that a good portion. I don't understand any of the articles I read on the social security site, they have all kind of abbreviations that I don't understand. I am hoping you can help me with this issue. My disability check is $951.00 a month. How does social security think you can live on such a small amount of money a month. I went from $2000.00 combined a month to $1136.00 a month. will be waiting on an answer that I can understand. Everything I read on the internet doesn't even come close to the amount quoted to me. Everything I read is over $600 or more that widows get. Please explain. All my friends tell me to get a lawyer.

Hi,

First of all, I'm very sorry to hear of your loss.

The simplest way that I can answer your question is to explain that, in basic terms, the surviving member of a couple is eligible for the higher of their two benefits. You don't get both benefits, or one benefit and a percentage of the other benefit. Specifically, Social Security continues to pay you your own benefit, plus an excess widow(er)'s benefit if the deceased member of the couple's benefit amount was higher. If the widow is at least full retirement age when the death occurs, this excess is equal to the difference in their two benefit rates.

The reason that your excess widow's benefit is less that the full difference between your benefit amount and what your husband was receiving is because you are starting your widow's benefits prior to your full retirement age. As a result, your excess widow's benefit rate is reduced for age. Under Social Security law, if you start receiving widow's benefits prior to full retirement age, they are reduced for age even if you are disabled.

Therefore, it appears as though the amount you are receiving is probably correct. I don't have access to your records, so I can't say that for sure, though. You could certainly file an appeal with Social Security if you want to pursue the matter further.

The only minor bit of good news I can offer is that there is a special rule that applies when you are entitled to disability benefits on your own record, and subsequently become entitled to a reduced widow's benefit. When this occurs, as in your case, effective with the month you reach full retirement age (age 66 in your case), the age reduction that previously applied to your excess widow's benefit goes away. That should raise your total benefit amount up to 100% of what your husband was receiving. This recalculation is not done immediately upon your reaching full retirement age, though. In fact may not occur until a year or two after then, but Social Security should pay you the appropriate back pay retroactive to the month you reach age 66.

Best, Jerry

Posted: 
Oct 21 2016 - 10:15pm
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