Can you receive Social Security benefits if your husband or wife dies?

A lot of you found this post because your are trying to find out if you will receive your husband’s or wife’s Social Security benefits if he or she dies. This is especially important if your spouse made more money than you, or if your spouse was the sole earner and you did not work. Many worry that if they cannot receive Social Security based on their spouse’s earnings, they may not be able to get Social Security on their own.

Getting right to it, the short answer is no, Social Security benefits are not transferable to the surviving spouse. So, if your husband dies, you do not get his Social Security benefits. However, a spouse may be entitled to survivor’s benefits based on the deceased spouse’s earnings record. So, there may be Social Security available to the surviving spouse. But, it is not simply a direct transfer of the deceased spouses benefits to the surviving spouse. Your local Social Security office should be able to help you determine the benefits you may qualify for if your spouse dies. You can also get information at the toll free Social Security phone line: 1-800-772-1213.

If that was all you were looking for, I am glad I could help. Please like or share this post. Thanks!

If you need more information about what you need to qualify to receive surviving spouse benefits, read on:

For most people, here is what you need to know to answer the question whether you can get Social Security survivors’ benefits after your spouse dies. Most survivor’s benefit claims depend on meeting one of two requirements:

  1. You have to be 60 years old, or
  2. You have to be at least 50 years old and be found disabled by Social Security.

There are additional requirement, such as the duration of the marriage, or the disability starting within 7 years of the spouses death. These are outlined below.

Note: Even if you do not meet either of the Survivor’s Benefits criteria above, you still may be eligible for Social Security Parent’s Benefits if you are taking care of a child. This post reviews the benefits available for widows/ers and children.

Below is the entire text of 20 CFR 404.335 “How do I become entitled to widow’s or widower’s benefits?” I have reformatted it to make for easier reading.

We will find you entitled to benefits as the widow or widower of a person who died fully insured if you meet the requirements in paragraphs (a) through (e) of this section:

(a) You are the insured’s widow or widower based upon a relationship described in §§404.345 through 404.346, and you meet one of the conditions in paragraphs (a)(1) through (4) of this section:

(1) Your relationship to the insured as a wife or husband lasted for at least 9 months immediately before the insured died.

(2) Your relationship to the insured as a wife or husband did not last 9 months before the insured died, but you meet one of the conditions in paragraphs (a)(2)(i) through (iv) of this section.

(i) At the time of your marriage the insured was reasonably expected to live for 9 months, and the death of the insured was accidental. The death is accidental if it was caused by an event that the insured did not expect, if it was the result of bodily injuries received from violent and external causes, and if, as a direct result of these injuries, death occurred not later than 3 months after the day on which the bodily injuries were received. An intentional and voluntary suicide will not be considered an accidental death.

(ii) At the time of your marriage the insured was reasonably expected to live for 9 months, and the death of the insured occurred in the line of duty while he or she was serving on active duty as a member of the uniformed services as defined in §404.1019.

(iii) At the time of your marriage the insured was reasonably expected to live for 9 months, and you had been previously married to the insured for at least 9 months.

(iv) The insured had been married prior to his or her marriage to you and the prior spouse was institutionalized during the marriage to the insured due to mental incompetence or similar incapacity. During the period of the prior spouse’s institutionalization, the insured, as determined based on evidence satisfactory to the Agency, would have divorced the prior spouse and married you, but the insured did not do so because the divorce would have been unlawful, by reason of the institutionalization, under the laws of the State in which the insured was domiciled at the time. Additionally, the prior spouse must have remained institutionalized up to the time of his or her death and the insured must have married you within 60 days after the prior spouse’s death.

(3) You and the insured were the natural parents of a child; or you were married to the insured when either of you adopted the other’s child or when both of you adopted a child who was then under 18 years old.

(4) In the month before you married the insured, you were entitled to or, if you had applied and had been old enough, could have been entitled to any of these benefits or payments: widow’s, widower’s, father’s (based on the record of a fully insured individual), mother’s (based on the record of a fully insured individual), wife’s, husband’s, parent’s, or disabled child’s benefits; or annuity payments under the Railroad Retirement Act for widows, widowers, parents, or children age 18 or older.

(b) You apply, except that you need not apply again if you meet one of the conditions in paragraphs (b)(1) through (4) of this section:

(1) You are entitled to wife’s or husband’s benefits for the month before the month in which the insured dies and you have attained full retirement age (as defined in §404.409) or you are not entitled to either old-age or disability benefits.

(2) You are entitled to mother’s or father’s benefits for the month before the month in which you attained full retirement age (as defined in §404.409).

(3) You are entitled to wife’s or husband’s benefits and to either old-age or disability benefits in the month before the month of the insured’s death, you are under full retirement age (as defined in §404.409) in the month of death, and you have filed a Certificate of Election in which you elect to receive reduced widow’s or widower’s benefits.

(4) You applied in 1990 for widow’s or widower’s benefits based on disability and you meet both of the conditions in paragraphs (b)(4)(i) and (ii) of this section:

(i) You were entitled to disability insurance benefits for December 1990, or eligible for supplemental security income or federally administered State supplementary payments, as specified in subparts B and T of part 416 of this chapter, respectively, for January 1991.

(ii) You were found not disabled for any month based on the definition of disability in §§404.1577 and 404.1578, as in effect prior to January 1991, but would have been entitled if the standard in §404.1505(a) had applied. (This exception to the requirement for filing an application is effective only with respect to benefits payable for months after December 1990.)

(c) You are at least 60 years old; or you are at least 50 years old and have a disability as defined in §404.1505 and you meet all of the conditions in paragraphs (c)(1) through (4) of this section:

(1) Your disability started not later than 7 years after the insured died or 7 years after you were last entitled to mother’s or father’s benefits or to widow’s or widower’s benefits based upon a disability, whichever occurred last.

(2) Your disability continued during a waiting period of 5 full consecutive months, unless months beginning with the first month of eligibility for supplemental security income or federally administered State supplementary payments are counted, as explained in the Exception in paragraph (c)(3) of this section. The waiting period may begin no earlier than the 17th month before you applied; the fifth month before the insured died; or if you were previously entitled to mother’s, father’s, widow’s, or widower’s benefits, the 5th month before your entitlement to benefits ended. If you were previously entitled to widow’s or widower’s benefits based upon a disability, no waiting period is required.

(3) Exception: For monthly benefits payable for months after December 1990, if you were or have been eligible for supplemental security income or federally administered State supplementary payments, as specified in subparts B and T of part 416 of this chapter, respectively, your disability need not have continued through a separate, full 5-month waiting period before you may begin receiving benefits. We will include as months of the 5-month waiting period the months in a period beginning with the first month you received supplemental security income or a federally administered State supplementary payment and continuing through all succeeding months, regardless of whether the months in the period coincide with the months in which your waiting period would have occurred, or whether you continued to be eligible for supplemental security income or a federally administered State supplementary payment after the period began, or whether you met the nondisability requirements for entitlement to widow’s or widower’s benefits. However, we will not pay you benefits under this provision for any month prior to January 1991.

(4) You have not previously received 36 months of payments based on disability when drug addiction or alcoholism was a contributing factor material to the determination of disability (as described in §404.1535), regardless of the number of entitlement periods you may have had, or your current application for widow’s or widower’s benefits is not based on a disability where drug addiction or alcoholism is a contributing factor material to the determination of disability.

(d) You are not entitled to an old-age benefit that is equal to or larger than the insured person’s primary insurance amount.

(e) You are unmarried, unless for benefits for months after 1983 you meet one of the conditions in paragraphs (e)(1) through (3) of this section:

(1) You remarried after you became 60 years old.

(2) You are now age 60 or older and you meet both of the conditions in paragraphs (e)(2)(i) and (ii) of this section:

(i) You remarried after attaining age 50 but before attaining age 60.

(ii) At the time of the remarriage, you were entitled to widow’s or widower’s benefits as a disabled widow or widower.

(3) You are now at least age 50, but not yet age 60 and you meet both of the conditions in paragraphs (e)(3)(i) and (ii) of this section:

(i) You remarried after attaining age 50.

(ii) You met the disability requirements in paragraph (c) of this section at the time of your remarriage (i.e., your disability began within the specified time and before your remarriage).

=========================================================
Disclaimer: This is NOT legal advice. This site provides general information about Social Security disability cases in Colorado. To discuss your particular circumstances, please contact a lawyer in your area. Please review the full disclaimer .

About Tomasz Stasiuk

Tomasz Stasiuk is a Colorado Springs Social Security disability lawyer and the founding attorney of the Stasiuk Firm - a law firm specializing in Social Security disability cases in Colorado. Follow Tomasz Stasiuk on Google and Twitter

  • donna

    I was married to my late husband for a total of 23 years. Meaning, we divorced after 15 years of marriage and then remarried for 8 yrs before he died. Do I still get his SS benefits?

  • TINAEURESTI

    father died and had applied for ssd many years ago for skin cancer wich was melanoma and had extinsive medical prosedures,denied benniffits he was disabled for over a year and had 2 children at the time. not married to mother but have 3 children at time of death, was diagnosed along with wife with TB 10 years ago with had extinsive treatment and he did not but did die from compication from TB IN OCT,2008 LEFT BEHIND 13 YEAR OLD SON, and was not marriedtto mother but have lived together for 20 years. mother has no understanding of rights and had know knowledge of his exact financial situation and was at all times considerered under tax law victim of innocent spuose relief, also child was denied suvivor benniffits and i am helping my friend of 20 years along with her husband who always worked mostly self employment and has been what i feel a victim of someone who has lived with severe disability that was wrongfully denied and continued to work with family along with him ignorant to rights and clearly unable to justifiy what i am now helping his child and unmarried mother of his tree chidren who had like him not the knowlege of the right they were denied and as a wittness want to bring justice to family who should have been helped long ago, mother was a treated for at least a year for TB, At veterns hospital in SA,TX, children at the school also had to be treated. she has never recovered but never was informed that she could have applied for ssi and under the law recieved it. her and her husband both have had life threatning illness and was well known by Goverment. And by me, only she was not allowed to see she was a victim of a man who because of his need for her care and his disfigured face from cancer left her living in severe poverety well known by many. I along with others knew of situation and were helpless to help to this day they live in same apartment with deplorable conditions i could not do anything but love them and understand how this is somthing his children and his wife deserved to be helped and how i wish i knew then what i know now, I am also a victim of the ignorance of this country and how it is to this day left neglected but not like me seeing that like a gearm a illness untreated like TB spreads and kills, even the one who looks the other way, I seen this famil suffer with severe head lice cockroach investation imagine 20 years of untreated cockroach,s and TB a desiase that is so deadly and people have and are not always treated and are not always able to trust in system to help i need to share this familys story with this country open your eyes and help your neighbors health care more important than roads.

  • Kathy

    I was married 18 years and I am now divorced. My ex husband made more money than I did. At what Age can I apply for his SSI benefits?

  • http://www.SocialSecurityInsider.com/ TomaszStasiuk
  • budisetyo

    I'm citizen marry w/ my wife from my country now she's legal in usa Question is in if I die do my wife can collect my SS benefit since i didn't marry her in usa another word i just have married license from my country i kind of confuse about this case please explain to me the better to keep peace of mind

  • tie34

    what will happen to the childrens ssi if a parent where to marry some one on the military?

  • http://www.SocialSecurityInsider.com/ TomaszStasiuk

    A lot depends on the type of “children's SSI” benefits. If a child is getting Title 16 Child's SSI benefits because of the child's disability (& the child is under 18), SSA considers the *household income* in determining financial eligibility for SSI. If a parent makes too much money, the child may become ineligible for SSI.

    The same thing can happen if the parent remarries and the new spouse brings additional income into the household. The issue is not the parent remarrying, but the income the parent's new spouse brings in.

    If the child is getting surviving child's benefits because of the death of a parent (note: this is not a SSI benefit), I am *unaware* of any impact the surviving parent remarrying would have on the *child's* benefits. See http://www.ssa.gov/OP_Home/cfr20/404/404-0352.htm That means I cannot say with certainty that there would be no impact, but I don't see that there would be an impact.

    If the surviving parent is getting “Parent's Benefits” and then remarries, surviving parent's benefits may stop. See http://www.socialsecurityinsider.com/2008/02/my

    It is important to know exactly the kind of benefits a child is receiving to be able to determine what may happen.

    Keep in mind that this is NOT legal advice & I am not addressing your specific set of facts.

    I encourage you to give Social Security a call and see what they tell you.

  • lalimayatimsina

    My mom is 62 years old can i apply for the social security income iam at ARIZONA TUCSON.She is alone is cannot do work at all she is old.

  • http://www.SocialSecurityInsider.com/ TomaszStasiuk

    Wont she be eligible for Social Security retirement at 62 1/2? If you feel that she might qualify for Social Security disability / SSI, you may want to help her contact Social Security for more information, or speak with an attorney.

  • Dr. Dee

    My former husband died a few years ago. I never remarried, however, he married three times after we divorced. He was divorced from wife #3 when he died. Who is eligible for his widower's benefits?

  • Dr. Dee

    My former husband died a few years ago. I never remarried, however, he married three times after we divorced. He was divorced from wife #3 when he died. Who is eligible for his widower's benefits?

  • robertcarbery

    That depends on length of marriage NOT who was 1st,2nd or 3rd. The marriage has to have lasted a MINIMUM of 10 years in order to qualify. It is very well possible all 3 could be possible IF all 3 were married to him 10+ years each, none of them are currently married to anyone, and are at least 50 and disabled, or 60 years of age or older. (the disability of the wife or ex-wife, would have to occurred within 7 years of his death to get it at age 50).

  • robertcarbery

    yes either based on total years married OR at the very least based on the first length of the marriage (being over 10 years). Providing your NOT currently married to anyone!

  • faultingourfathers

    question…..my mother died in oct. of 08 and im about to turn 18 and my dad is getting the social security money right now which is around 650 a month if i am not in school when i turn 18 but planning on going next year will i still get the ss money?

  • Andrea

    I am getting married to a man that gets his SS from his deaseased wife, what do I get if he dies?

  • Andrea

    I am getting married to a man the gets hisSocial security from deasead wife, can i get some of his SS ?

  • Mitzi Perryman

    I am 53 years old and my husband is on disability. Will I be able to get any benefits upon his death?

  • Andresavalos

    my freinds father inlaw died on the first of the month and he gets his check on the third of every month do that have to send it back

  • Emil188

    My husband recently died. I am to get only a partial amount of his social security. I still keep mine. But the two together does not equal his amount. I thought I was entitled to his social security. Am I wrong?

  • Aunshala

    can u still get the check if your 19 and in school.

  • LAYLAYTERRY

    MY FATHER PASSED AWAY 8 YEARS AGO AND I WAS RECEIVING SSI…I LEFT SCHOOL AND NOW IM BACK IN SCHOOL AND IM 19 YEARS OLD CAN I START GETTING SSI BACK SINCE IM ATTENDING SCHOOL???

  • http://www.Planet10Tech.com TomaszStasiuk
  • Carmen Ayala

    I am going to be 50, and I am disable my husband died can I qualify for his SSD.

  • http://www.Planet10Tech.com TomaszStasiuk

    Being at least 50 years old and disabled is one of the ways to be able to receive widow’s benefits. However, I cannot address any individual’s specific circumstances in the comments.

    Your local Social Security office should be able to review your situation and answer your question. Thanks for reading!

  • Nlames

    my son in law passed away but hasn’t worked for a long time is my daughter eligible for benefits for their t 2 yr old?

  • Fballou

    my ex husband died, i collect ss ,can I apply for his ss because it’s a larger sum than i receive,

  • http://www.Planet10Tech.com TomaszStasiuk

    I don’t address benefits because it amounts to trying to second guess, or even predict, what SSA will do. I encourage you to contact SSA directly 1-800-772-1213, or call your local SSA office.

  • Bddiiorio

    My son is disabled and recieves Social Security. His wife in the event of a divorce wants his Social Security. Is he forced to give his Social Security to her in a divorce. This is his money due to his disability.

  • http://www.Planet10Tech.com TomaszStasiuk

    I don’t have an answer for you. I am trying to get some family attorney’s to write guest posts discussing the interaction of family law and Social Security.

    One problem is that while Social Security is a federal program, and (largely) has 1 set of regulations (although Court interpretations of those regulation may be limited to that Cirtcuit only, etc).

    Family law is state based — so there are potentially 50 different sets of laws dealing with family law issues.

  • charmaine falcon

    i meet all requirements for disabled widows benefits from deceased husbands’ s s a benefits except this 7 yr. period thing! it’s driving me crazy trying to find out how this came into law and if there is any way around it. you being a lawyer should have access to such info., right? mabe you can help me understand why i have to have been disabled 7 yrs. after he died? i don’t understand, that was his money, he died, it should now be paid to me. why this law? i even wrote to a rep. in my state. please help me! cherie03

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi Charmaine. I can see that the 7 year requirement frustrates you quite a bit.

    I do not know the legislative history for this requirement, nor do I have a way around it.

    It’s possible you might qualify under a different section if you do not qualify under this one. You can speak to some lawyers in your area to see if they can help you.

  • MassagePS

    Thank you for all you do.

    Gee the law is confusing isn’t it sometimes; To be short (right) I am 62 collecting small welfare SSDisability check along with a very small ssi of my own from years ago.

    My long ago X husband, Leonard of 15 years is somewhere back east. My long time friend Larry, that I have know since I was 15, has been with me the last 12 years. I would like to marry him and have 3 questsions:

    1. The last 2 years my Larry’s health has been going downhill. (he had a defibulator put in) BP, meds, etc. ( After reading about the 9 month requirement, I am confused and don’t know what to do now if I would loose my FIRST husbands ssi) Now, I am afraid if we get married and Larry (God forbid) doesn’t live the 9 months (isn’t that a qualification to collect his ss, then I would not quality for his SS, correct, AND my X Leonards ALSO??!? Is this cut and dried?! I mean, how can one EVER tell about heart attacks and death. (Would I loose BOTH their ssi? Which would take preeminence?)

    2. If I re-marry, will I forfit my X husbands Leonards ssi? ALTOGETHER?

    3. Once you re-marry, are you never able to go back to you first husbands ssi because you have remarried (I mean, what if Larry DID die, and I was NOT intitled to his ssi, would I still be intitled to my first husbands ssi?

    Thank you so much for getting out of the fast lane to help people that are struggling to understand and make heads and tales of the law.
    Joy to you,
    Aleta/Calif

  • http://www.Planet10Tech.com TomaszStasiuk

    Thank you for the kind words.

    I cannot address specific fact patterns. I encourage you to contact your local SSA office or to speak with a lawyer in your area.

    All my best.

  • Nancy rosman

    My friend’s husband died November 29 . He was completely disabled after a stroke 5 years ago. A second stroke now proved fatal. My friend was told she would have to return the entire November social security check since he did not live the whole month. This seems to be gravely unfair. Is this indeed the reality of the law?

  • Emily Lewis1

    i am turning 50 on march 26 this coming 20 11.and my husband die ,during the years I cant work,bec.of my dippresion.untill now i have a problem to find a job,how can i clame his sosial securty?

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi Emily. Contact your local Social Security office to see if you are eligible.

  • Buesingt

    I am retiring at 64 and submitting my application to social security for benefits. If I die will my 51 year old wife beable to collect social security benefits or will she have to wait? My wife does not work now.

  • http://www.Planet10Tech.com TomaszStasiuk

    I cannot address Social Security retirement benefits. Social Security, or a retirement planner should be able to help you.

  • Jean Stillman

    If I get married, I am a widow. I’m getting my deceased husbands S.S., how much of that will I receive when I get married again.

  • Sandra faye patrick

    if you were divorced when your xhusband passed away can you receive his bennifits

  • jimmcqueen1983

    I currently get SSI monthly. My father died last year and I want to know if I get more in my SSI due to his death?

  • http://www.Planet10Tech.com TomaszStasiuk

    I can’t address specific fact patterns.

    The following provides general information: http://www.socialsecurityinsider.com/2008/02/my-spouse-died-can-my-child-get-social-security/

  • Cassandraramirez1

    What happens if the father of my children passes way and we were never married
    but we were married through a hmong wedding but not through the state of California

  • http://www.Planet10Tech.com TomaszStasiuk
  • Tobybertie

    My nephew broke his back and was paralyzed from his waist down, now his arm are very weak and only raise a wee bit if he leans side ways. He was 16 now he is 50. when this happened his dad had passed away therefore he and his Mother were getting SS from his Dad. After his 18th birthday he qualified to continue getting SS. He got married 25 or 30 yrs ago his wife divorced him he remarried he has 3 children, about 7 or 10 yrs ago SS took his checks and said he was ineligible for SS after he married. Yesterday his Mother got a letter from SS saying she is losing her SS because her Son and herself was on the same SS of her husband and her Son owed $180 some thousand and she had to pay along with her Son until it was paid. She will be 70 in June. Of coarse neither of them were aware of this Law.

  • http://www.Planet10Tech.com TomaszStasiuk

    That is probably the largest overpayment I have heard of. Your nephew should get legal help as soon as possible.

  • Latecake

    If man had married 4 different times and all of ex wifes are living, who receives his Soc. Sec. benefits when he dies? Is it the first wife or the wife he was married to at the time of death?

  • http://www.Planet10Tech.com TomaszStasiuk

    I can’t address individual’s specific situations here. Give Social Security a call.

  • mava

    I am a permanent resident ….. My husband was US citizen been married for 13 years he pass away January 24/2011 , he was pensioned because he was 66 years old… I have very low vision..and I am Diabetic one eye I can not even see…. The SS office told me I am not elegible to get his pension …can i put a case to get his pension? I hear I can get disable but I am not sure if this will affect the money I should get from his pension …and also affect me to become US citizen next year that I am elegible to … need help !!!

  • http://www.Planet10Tech.com TomaszStasiuk

    I urge you to contact a lawyer in your area.

  • rick

    My mother’s is married for 20 years and she is 73, but her husband is only 57. Does she has to wait until he is 62 to receive social security benefit for spouse? she never worked.

  • http://www.Planet10Tech.com TomaszStasiuk

    Here is a quick answer from Social Security: http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/300/~/benefit-amounts-based-upon-a-spouse's-earnings

    And here is a more detailed discusion on when a spouses can receive Social Security based on the other spouse’s Social Security contribution: http://www.ssa.gov/retire2/yourspouse.htm

  • cherishpresley.cp@gmail.com

    my father-in -law just passed away March 08,2011 he received a disability check will his spouse who is 70 receive anything from his disability? They have been married 46 yrs I was just wondering??

  • http://www.Planet10Tech.com TomaszStasiuk

    I can’t say any more than what the post says. The surviving spouse can contact Social Security to see if she is eligible for any benefits. SSA can be contacted toll free at 1-800-772-1213.

  • Kim Wiker

    If a couple married for 22 years gets divorced. How much of the SSDI will the wife get? Can she continue to get it, if the husband remarry s? what if they have twins? Can she collect Spousal support (Alimony) and my Social Security at the same time? How long will I have to pay Alimony? If she gets part of the SSDI when will that stop? Thank You

  • http://www.Planet10Tech.com TomaszStasiuk

    Six legal questions in 3 lines! Wow! :)

    Unfortunately, I do not do family law and I do not provide legal advice in comments.

    My recommendation is to talk to a family law attorney.

  • Mission5m

    I’m a widow and receiving disability benefits from my late husband. I consider adopting a child. Can my adopted child claim benefits under my late husband social security?

  • http://www.Planet10Tech.com TomaszStasiuk

    Possibly. Take a look at http://www.socialsecurityinsider.com/2010/01/can-adopted-children-receive-social-security-benefits-because-of-parents-disability/

    For a definitive answer, I encourage you to contact Social Security.

  • Louise Dobson

    If a husband who’s collecting social security dies and wife is still working, can she collect his social security until she files herself.

  • http://www.Planet10Tech.com TomaszStasiuk

    If this was a simple yes or no question, this article would not have been this long. :)

    I encourage you to contact your Social Security office to go through all the issue and see if you qualify.

  • Peaceoutgale

    Hello,
    I am 60 1/2 yrs old. I have been on social security disability since 2005. I was married for 22 yrs. I’ve been divorced for 11 yrs. When or can I collect on my ex husbands SS? May I collect both my SS disability AND 1/2 of my ex’s SS?
    Thank you very much!
    Your answers are most helpful.
    Gale Booker

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi Gale,

    I dont’ really handle benefit issues. They intersect with proving disability at times, but I am not able to answer questions like yours.

    All I can do is encourage you to contact Social Security directly.

  • Stewart Catrena

    I just lost my husband. He has a child from his first marriage and I am his legal wife. I am only36 and he was 41. Will I be able to get any benifits? We have been married for over 5 years

  • Lindsey_torres

    i am a very sick 65 year old woman diabetes and i am disabled with my son is turning 18 next year  i know he can extend the benefits until  he graduates but i use some of his benefits to help pay my rent is there a way he can receive these benefits longer

  • http://www.Planet10Tech.com TomaszStasiuk

    Assuming a child is receiving benefits because if a disabled parent, those benefits typically continue until the child is 18, or 19 years old if still in a high school. Benefits may continue after that if the child is disabled. See http://www.socialsecurityinsider.com/2010/01/can-you-get-social-security-childs-benefits-as-a-full-time-student/

  • Mkiewert

     if i get ssi can wife get paid

  • http://www.Planet10Tech.com TomaszStasiuk

     Do you mean this situation? http://www.socialsecurityinsider.com/2009/02/disabled-husband-or-wife-you-may-be-entitled-to-social-security-benefits/

  • Lorryb194

    i am 60 years old, was divorved from my husband when he died, he remarried, i didn’t. could i received ssi benefits from him, we were married 10 years

  • http://www.Planet10Tech.com TomaszStasiuk

    Entitlement to widow’s benefits as a divorced spouse are covered in http://www.ssa.gov/OP_Home/cfr20/404/404-0336.htm

    You can also contact your local Social Security office and they can walk you through the process to see if you qualify.

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    I have never heard about this kind of offer.. This is new for me.. Thanks for this information sharing with us..

  • Tatllt

    My mother and father was married for 53 yrs my mom passed away on April 20 2011. Both receieved SS checks is my dad stiil intitled to a percent of her check?

  • http://www.Planet10Tech.com TomaszStasiuk

    I am sorry for your loss. As noted in the disclaimer, I do not provide legal advice in this blog. Your Social Security will be able to address if your father is entitled to a portion of his wife’s benefits.  

  • Anonymous

    i loss my husband while i came to the uk  one and  half year   i have only 2 years  spouse visa do i can get any benefit?

  • http://www.Planet10Tech.com TomaszStasiuk

    I am not sure whether you are asking about US Social Security benefits. There are several readers that come upon this site from UK. However, I only discuss the US Social Security system. Assuming that is what you are asking about, the US embassy can assist you in determining whether you are eligible for any benefits. This site from SSA provides information about how to contact SSA while abroad: http://www.ssa.gov/foreign/

    This site provides contact information for SSA while in the UK: http://www.ssa.gov/foreign/foreign.htm#UNITED KINGDOM

    Good luck!

  • Adensyaya

    I am currently recieving SSDI benifits, my husband and I wil be married 10 yrs in a few weeks, He still works. Will I be able to draw part of his benifits after the ten yr mark? Im 42 he is 52 .I had a stroke 4 yrs ago,my life expectancey was 7 yrs…..ater the stroke. We both have worked all our lives.

  • Carmine

    My father is a 72 yr old widower and is about to marry a 52 yr old widow. My question is will she be entitled to his ss if he was to die of natural causes ?And if so is there a lenth of time they must be married,they must be married for her to collect?

  • BONNIE HAYDELJERRYCPICAYUNBOE

         yuo  i  mean you should be able to draw on your wifes benefits  and your children that are under eighteen you can get a social security  check for each child  my  son passes away a year and  a half ago both my grand chidren gets 754 dollars  a month  but the childrens mother cant draw  anything because her and my son were  not married  so you should go file for you and your childrens benefits sorry to hear the mother of your children passed away  god bless you all  u r i

  • ROUSELLMIBANG

    MY WIFE DEAD IN THE USA  THIS MONTH JULY 02  2011  CAN I STILL GET HER BENEFITS  AS I LIVE IN AFRICA CAMEROON

  • Waynelecompte

    I am on disability and was awarded a workman’s comp settlement, can I still collect disability for being disabled? Also if a spouse comitts sueicied can the other spouse collect social security if the one that died is 60 years old?

  • ana

    my husband past away can i receive his social security?

  • Aiping5

    I married my husband just 1 year, but he passed away due to cancer when he was 64. I am 50 now, do i qualified for his SS at all? any restrections?

  • Jennifernowlen

    My mother died in 1973.  My father is now 86 living on S.S. only.  Someone told me he should be able to collect my mother’s S.S. as well.  Is this true?

  • mas20

    my brother passes away Aug 11 from cancer at age 34. He married his long time girlfriend to get out of having to pay a spend down. they married on July 25th. They have 3 kids together. Will she get disability and a widowers check?

  • http://www.Planet10Tech.com TomaszStasiuk

    She and her children may be entitled to SSA benefits. She should contact her local SSA office for more information. She can also call SSA toll free 1-800-772-1213.

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  • shanen

    I am a filipina and married to the u.s citizen my husband died 55 and our marriage is less than two years do  I entitled to have pension?

  • Nlames

    My son in law passed away last year leaving behind a 2 yr old son. My question is if he didn’t work to pay into social security is the child entitled to anything ?

  • http://www.Planet10Tech.com TomaszStasiuk

    The deceased often has to have paid enough into Social Security to qualify as being “insured” for the survivors to be eligible for benefits based on the death: 
    1) http://www.socialsecurityinsider.com/2008/01/ssa-basics-survivors-benefits/2) http://www.socialsecurityinsider.com/2008/02/my-spouse-died-can-my-child-get-social-security/3) SSA fact sheet – http://www.socialsecurity.gov/pubs/10008.htmlHowever, I strongly encourage contacting Social Security directly to address the outcome in specific circumstances. 

  • Susan

    My husband passed away in 1996, we were married 6 years.  I was 49 at the time.  I remarried when I was 59.  I am now 65.  Can I draw on my deceased husband’s social security?

  • http://www.Planet10Tech.com TomaszStasiuk

    I can only encourage you to contact Social Security directly: 1-800-772-1213.

  • Jtalley33

    If I die .how much would my x get from ss .yes we was togather 10 years and she is 50 and on ssi
    How much of what I work for will she get .and yeah I earned a lot more

  • GAZZZMANN

    you have to be married 10 years

  • GAZZZMANN

    no

  • GAZZZMANN

    no

  • GAZZZMANN

    10 years and she has to be 60

  • GAZZZMANN

    no

  • Anonymous

    my daughter 3 years old her father just passed away, now is she able to get any benefits her father only worked for a bit of time , I, m here in C.A.

  • Rbyers322

    gazzzmann your an idiot

  • Norene

    I have been married to my husband for about 18 years now. For the last
    1-1/2, I have not heard from my husband i.e. no phone call, no letters,
    no appearances, etc. He worked on his job for about 17 years – but is
    not working their now. His job sent his retirement papers – spoke to my
    husband prior to his disappearance and asked if he was going to file for
    his retirement and he said no. Am I eligible to receive any of his SSI
    Benefits? Is there a such thing as early early hardship benefits? My
    husband left me with nothing – I am 53? Thank you.

  • Lalita56

    I HAVE A FRIEND WHOSE HUSBAND DIED ONE YEAR AGO AND SHE IS RECEIVING SOCIAL SECURITY FOR HERSELFAND KIDS…SHE IS ALREADY LIVING WITH ANOTHER MAN .CAN THIS AFFCT HER SOCAL SECURITY BENEFITS IF SOCIL SECURTY FINDS OUT 

  • http://profile.yahoo.com/2JGRHHHRKCYD6IR5FW7UUP3KYE Pam

    My husband applied for social disability, was denied twice, passed away, then they approved it. I received some back pay. I was approved for disability after he died. I am 55 off my own benefits. Is survivors benefits reduced percent or can I draw his entire amount. How so they calculate benefit amount. Let’s say his benefit in 2003 was 1400.00 Do they go by that amount or increase benefit amount as if he alive with the amount that he would be getting. That would be with raises received? should I keep drawing off myself and get more off him when I get 60? Thank you

  • Prgyankee1

    I am on S.S at this time and my age is 66 years. If I were to die would my wife keep getting my S.S. even though she is not old enough to draw her S.S. (56 yrears old)?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Social Security benefit are not “transferred” on death from the deceased spouse to the surviving spouse. As noted in this article, a surviving spouse may be entitled to separate benefits as a surviving spouse, but only if s/he meets the requirements.

  • Anna Marie Johnson

    I have been married to my husband for 56 years. I am 74 he is 77. He begin to draw his Social Security at age 65, I later began to draw mine at age 62. If he should die, would I collect my husbands amount which is much more than I receive?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Social Security benefits are not transferable to the surviving spouse. However, a spouse may be entitled to survivor’s benefits based on the deceased spouse’s earnings record. An estate planner or Social Security should be able to help you determine what may happen if you your spouse dies. 

  • Sportsguy67

    my father died 4 years ago, my father was collecting s.s. and disability from the v.a. is my mom able to collect either or both of those?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Concerning SSA survivor’s benefits, as you can see in the post, there are number of requirements and conditions. Only SSA can tell your mom if she is eligible for any kind of survivor’s benefits.

    I cannot address the VA issue, since that is outside of my scope of practice. 

  • grievingwidow

    I think the way the system works is completely wrong. My husband died at 33 from cancer.. he was my LIFE. Everyday I suffer.. and now since his death my health has been slowly failing for 6 years. Now I am disabled and social security tells me now that my son is turning 16 in June they are taking my check away. If you depended on that person survivor benefits should be for life. Yes I know you can claim when you turn 50. That is 10 years away. I will lose our home..everything.

  • guest

    No you don’t. I know from experience.

  • http://www.stasiukfirm.com/ TomaszStasiuk

    It sounds like you may have been receiving “Mother’s and Father’s benefits” http://www.socialsecurityinsider.com/2009/12/social-security-parents-benefits/ Those are based on a disabled or deceased spouse/parent and the spouse’s benefits stop when the child turns 16 — although the child’s benefits continue until age18-19: http://www.socialsecurityinsider.com/2010/01/can-you-get-social-security-childs-benefits-as-a-full-time-student/  

    You may investigate if you would qualify for Social Security Disability Insurance (SSDI) based on your own income. If you have not worked long enough to qualify for that program, Supplemental Security Income (SSI) may still be an option. Note: both of those are disability programs which require proving you are unable to work.

    Good luck. 

  • Qadianmecca

    My father died in 1977, my mother never received any of his SS benefits; she died in 1989. My question is should she have gotten some in the years between 1977 thru 1989.

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  • Pennylouana

    MY HUSBAND PASSED AWAY AND I RE-MARRIED AFTER TWO YEARS AT AGE 57t .AM I ENTITLED TO RECEIVE HIS SOCIAL SECURITY?/

  • http://twitter.com/Urbane_Gorilla Urbane_Gorilla

    I’m considering moving to Ecuador and marrying an Ecuadorian woman. I presently collect Social Security. She has never lived in the US and we presumably won’t. If I die would she be entitled to receive survivor’s benefits should I die?

  • Sheila

    I was divorced and remarried my husband five yrs ago, I was disabled but never app;ied for ssi or ssd, My husband is recieveing ssd, I applied and was denird because of us being married. When or will I become eligable to recieve ss? When we remarried I was fifty, we were previously married for sixteen years.

  • mary l

    im 52 yrs old and we were married only 3 months but lived together for 15 yrs, am i intitled to get widowers from social security

  • Benji

    I am here to testify to the world that i just found a real priest who has help me bring back my happiness by retuning my ex wife back after two year. I have been to India for spell and i have also been to Jamaica and none of them work but when Jacqueline Directed me to this great priest in Africa. I contacted him through email and he gave me his temple address where i went to see him physically. He made incantations and told me that i my wife will come back after 3 days. I lodged into a hotel and waited for the 3 days. It surprises me when Sherry send me an email through Facebook. I went to North Carolina and we now united. She cherish me more than ever and this is what has never happened in the past. I will forever Cherish this great priest from Africa because he is very truthful and honest. Anyone who need his help can go to his temple or contact him through his email address templeofpermanenthealing@gmail.com

    Benji Scott

  • Claudia

    I am still working and annual salary is less than $23,000. Age 62. Husband dies at age 59 while on disability. When can I start to collect from his SS and continue to work for the insurance

  • Major. Barrack Herold

    My name is Major. Barrack Herold, my wife left me went i was in the war front. I spent 6 months in the during the United Nations peace keeping in Sierra Leone. I was very shocked when i came back and notice that my wife is engaged to someone else. The anger of the war lend me into the street chasing the man with gun until one faithful Monday when my co-soldier from Africa introduce me to templeofpermanenthealing@hotmail.com .I was very nervous in contacting him because i never believe in spell. I gave him a trial and to my greatest surprise, it worked. Stephine is back home with my son and i am the most happy man on earth. If anyone need to solve any problem, I Major. Barrack Herold advise you to contact templeofpermanenthealing@hotmail.com

  • lucille forrester

    can I draw from my sociall securitywhile drawing from my deceased husband

  • becky

    My husband was on ssi, he passed to cancer on holloween, I have been a stay at home mom till the children have all grown, now its just me, no job experience, do I draw off his ssi, disability, or am I quailified,.

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Hi, Becky. I am sorry for your loss.

    If your husband was on SSI, and not also received SSDI, it does not look too good. However, only Social Security can tell you if you or your children are eligible for any kinds of SSA survivor’s benefits. Contact your local office or the SSA toll free number at 1-800-772-1213.

  • paulette

    my husband is on ss and im on disability . If he dies do I get his ss and still get my disablity

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Social Security benefits are not transferable to the surviving spouse. However, a spouse may be entitled to survivor’s benefits based on the deceased spouse’s earnings record. An estate planner or Social Security should be able to help you determine what may happen if you your spouse dies.

  • Hurt Family Member

    I have a question. My uncle married a lady in mexico he met on a cd radio. Brought her to the USA. He gets disability check since a motorcycle accident he had years ago. We knew she was bad news. She distance him from the family. Cheated on him and he tried to leave her. Anyways another family member went to mexico and found out on her return that he passed away over 2 months ago in mexico. The wife (well widow now)……i think she is using her other name is still collecting the money because its going to direct deposit. She is NOT going to report ssi of his death and since he died in another country there is no death certificate of him here. Is this legal? Can she get away with this…how can they do an investigation or is she entitled to that money. She was NOT his care giver. We are all hurt that we did not know he passed away. Nothing. If anything we think it might be foul play. What do you suggest?

  • Angel

    can a wife receive her husbands social security disability after he is imprisoned? :(

  • http://www.stasiukfirm.com/ TomaszStasiuk
  • Teressa

    the state of Oklahoma recognizes common law marriage so if I was common law married 06/06/92 got legally married 06/06/92 and he died 2002 would that count in the 10 years having to be married

  • mrsmonsta

    Hey my 2 kids get ssi an im engaged can I fpllow thru an get legally married n still recieve my kids ssi checks or how does that work

  • jay

    If your husband of 15 years dies and you remarry after 60 can you collect social security from your past husband and also collect from your present husband after 10 years of marriage? Is there a cap on how much you can receive?

  • bellamia

    I recieve my husbands SS because I’m disabled. I only get 72 percent of what he use to get. I was told by many people I should be getting the full amout of what he use to get. I was wondering if this correct? thank you for your help.

  • Frank Silver

    I never had it in mind that thing were ever going to come back to normal, My name is Frank Silver and i am so pleased to thank Dr Ekpiku for doing what he knows how to do best that is bring back lost lover. My lover and myself has some stress with each other and it let to our break up, After a while i was missing my lover and i needed Him back but he refuse to pick my call or reply my mails or test message. During my search on the internet i saw the details of Dr Ekpiku which were via email: Ekpikuspelltemple@live.com and i contacted Dr Ekpiku and by his help i was able to get my lover back within 48 hours. If you are having any stress in your marriage or relationship contact Dr Ekpiku today so that you can also testify of his powers

  • Frank Silver

    I never had it in mind that thing were ever going to come back to normal, My name is Frank Silver and i am so pleased to thank Dr Ekpiku for doing what he knows how to do best that is bring back lost lover. My lover and myself has some stress with each other and it let to our break up, After a while i was missing my lover and i needed Him back but he refuse to pick my call or reply my mails or test message. During my search on the internet i saw the details of Dr Ekpiku which were via email: Ekpikuspelltemple@live.com and i contacted Dr Ekpiku and by his help i was able to get my lover back within 48 hours. If you are having any stress in your marriage or relationship contact Dr Ekpiku today so that you can also testify of his powers

  • pyramid clinic

    hello.
    my name is kate i never belive in any thing called spell casting. I was having a serious stomack pain i thought it was just a stomack pain i never told my husband what was happen to me i called one of my girl friend jane and told her what was am passing throught and she instruted me to contact a spell caster called drjames and she told me that i should have fate. so i contact him and told him my problems the only thing he told me was he will give me some items to that i will go and by i said ok after 2days i called him and told him that i can get the items usa and he said i should send some money so that he can use it to buy the items in nigeria i thought he going to scam me but he do not i send him some money to buy the items after 2days again he was the one that called me and tell me that my problems is over that i should go for cheque up i thought he was lieing so i do what he asked me to do so i go to hospital to cheque guess what the doctor confarim the doctor told me that there no desease in my body. that is why I want to share this to you all
    1) If you want your ex back. (2) if you always have bad dreams. (3) You want to be promoted in your office. (4) You want women/men to run after you. (5) If you want a child. (6) COURT CASE AND WORK SECURITY SPELLS: (7) You want your husband/wife to be yours forever. (8) If you need financial assistance. (9) Have you been scammed and you want to recover you lost money back from the scammers ? (10)you need a spell to Stop Divorce ? (11) have you been sick or dis-able and you need healing? (12)DO YOU NEED A SPELL POWER FOR PROTECTION AND GOOD LUCK ?etc. just know that there is no problem without a solution.
    drjamesdsolution@gmail.com thank you.

  • britney

    What a beautiful and wonderful testimony some time things you don’t believe can just happen.

    My name is Mrs Brittney from U.S.A am 25 years old i got married at the age of 23 i have only one child and i was living happily .After one year of my marriage my husband behavior became so strange and i don’t really understand what was going on, he packed out of the house to another woman i love him so much that i never dream’s of losing him, i try my possible best to make sure that my husband get back to me but all to no avail i cry and i cry seeking for help i discussed it with my best friend and she promise to help me he told me of a man called DR CAMARA he is a very great man and a real man that can be trusted and there is nothing concerning love issues he cannot do that is why they call him DR CAMARA. I contacted his email address at (camaralovespell@live.com) And i told him everything that happen all he told me is that i should not worry that all my problems will be solved immediately. He told me what to do to get my husband back and i did, he said after 3days my husband will come back to me and start begging, it really happen i was very surprise and very, very happy our relationship was now very tight and we both live happily again.So my advice for you now is to contact this Man through email: camaralovespell@live.com if you are in any kind of situation concerning love issues and any other things that give you problems.

    THANKS..

  • Guest

    My husband died in 1989 from an accident. We had been married over 10 years. Can I collect his SS at my retirement age of 66 and continue to work full time. Will I then be able to delay my own SS until I reach age 70. How much SS does someone get that only paid into it for 20 years, death in 1989.? Approx income at that time was 50,000

  • Cayla Mella

    I want to use this medium to tell the world about Dr Kasee who helped me in getting my lover back with his powerful spell, my ex and i where having misunderstanding which led to our breakup though i went to beg him several times to please forgive and accept me back because i knew i offend him but each time i went i always feel more deeply in pain and agony because he always walk out on me and would not want to listen to what i have to tell him but on one faithful day as i was browsing i came arose a testimony of a woman whose problem was worse than mine and yet Dr Kasee helped her with his spell so i was happy and also contacted Dr Kasee for help via email (onimalovespell@gmail.com) and then told him my story but the only thing he said was that i will wipe your tear out with my spell so luckily for me everything want well just as he promised and right now i have got my fiance back and we are both living happily. there is nothing Dr Kasee can not do with is spell and just as promise myself i will keep testifying on the internet of how Dr Kasee helped me.Are your problem greater that mine or less i give you 100% guarantee that Dr Kasee will put an end to it with his powerful spell, contact Dr Kasee today to help you email: onimalovespell@gmail.com

  • zenn

    how to update my husband death sss pension if i’m not in the philippines