Ask Larry

Why Can't I Draw Something From My Deceased Husband's SS?

I know I made more than my husband and he retired at 62, but he passed away 14 yeasrd ago. I collect my own SS but why can't I draw something from his SS. It's definitely unfair

Hi. I'm sorry for your loss. The only real answer I can give you is that it sounds like you don't qualify for widow's benefits because of what is written in the Social Security law. The law states that if a person applies for both their own Social Security benefits and for widow(er) benefits, they can only be paid the higher of the two benefit rates, not both (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html). The Social Security law was passed into law by Congress, and only Congress has the authority to change the law.

If your husband started drawing his Social Security retirement benefits when he turned age 62, then you could likely only be paid widow's benefits in addition to your own benefits if 82.5% of your husband's primary insurance amount (PIA) is higher than your own benefit rate. If you haven't checked with Social Security to see whether or not you qualify for widow's benefits, you'll probably want to do so.

Best, Jerry

Category: 
Posted: 
Jul 3 2021 - 12:54pm
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