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Thread: My husband died. Am I entitled to his social security benefits?

  1. #1

    My husband died. Am I entitled to his social security benefits?

    my husband recently passed away am i entitled to his benefits he has never collected social security

  2. #2
    This information is provided by the SSA at their website.

    You are entitled to widow(er)'s insurance benefits on a worker's Social Security record if the following conditions are met:

    1. You are either (1) age 60 or over; or (2) at least age 50 but not age 60 and disabled (as defined in 515) and you meet the disability-related requirements in 513;
    NOTE: A widow(er) age 60-64 and under a disability is entitled to disabled widow(er)'s benefits for Medicare purposes.

    2. The worker died fully insured (see 203.1);

    3. You are not entitled to a retirement insurance benefit that is equal to or larger than the worker's primary insurance amount;

    4. You have filed an application for widow(er)'s insurance benefits (see 405 for exceptions and see 1511 for completing application forms);

    5. You are not married or your marriage can be disregarded (see 406 for exceptions); and

    6. One of the following conditions is met:

    1. You were married to the deceased worker for at least the nine months just before the worker died (see 404 for exceptions);
    2. You are the mother or father of the worker's son or daughter (this requirement is met if a live child was born to you and the worker, even if the child did not survive) (see 411);
    3. You legally adopted the worker's son or daughter during your marriage and before the child reached age 18 (see 329);
    4. You were married to the worker when you both legally adopted a child under age 18;
    5. The worker legally adopted (as defined in 329) your son or daughter during your marriage and before the child reached age 18; or
    6. In the month before the month you married the deceased worker, you were entitled or potentially entitled to either (1) spouse's, widow(er)'s, father's (based on the record of a fully insured worker), mother's (based on the record of a fully insured worker), parent's, or childhood disability benefits on the record of a fully insured individual under the Social Security Act; or (2) widow(er)'s, child's (age 18 or over), or parent's insurance annuity under the Railroad Retirement Act.
    Find a Disability Attorney to help with your SSDI claim.

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