Ask Larry

Would I Be Able To Draw Against My Husband's Social Security?

Hi
I am 52 and have been receiving SSDI since 11/2014. My husband passed in
4/2001. I received benefits that matched my son's until he turned 19. Right
now I receive $1,124 per month in disability. Would I be able to draw against
my husbands SS, he was 36 when he passed? I remarried in 6/2008 and we have
been separated for 2 years. How does that effect everything? Is there
anything else I might qualify for?

Hi,

You couldn't qualify for benefits on your first husband's record as long as you're currently married, regardless of whether or not you're separated.

Even if you divorce, though, you probably couldn't qualify for benefits on your first husband's record at least until you reach age 60. In order to potentially qualify for disabled widow's benefits you must have become disabled within 7 years of the later of your husband's death or the end of your entitlement to survivor benefits on the basis of having a child in care.

If you're unmarried when you reach age 60 then you may qualify for additional widow's benefits but only if your deceased husband's primary insurance amount (PIA) is higher than your full Social Security disability benefit rate. It doesn't sound like you'd qualify for any other Social Security benefits based on what you've written, unless you could qualify for spousal or divorced spousal benefits in the future on your current husband's record. That wouldn't be until you are at least age 62, though. You may want to check with the Department of Social Services in your area to see if they have any suggestions.

Best, Jerry

Posted: 
May 14 2018 - 12:31pm
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