If your husband or wife dies, you may wonder if you can receive Social Security benefits based on your spouse’s contribution to Social Security.
This is especially important if your spouse made more money that you did, or if your spouse was the sole earner and you did not work.
Many people worry that if they cannot receive Social Security based on their spouse’s earnings, they may not be able to get Social Security.
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:
- You have to be 60 years old, or
- You have to be at least 50 years old and be found disabled by Social Security.
Because there are many other requirement to receive benefits as a surviving spouse, I am providing 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).
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?
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.
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?
Check out: http://www.socialsecurityinsider.com/2009/04/my...
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
what will happen to the childrens ssi if a parent where to marry some one on the military?
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.
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.
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.
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?
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?
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).
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!
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?
I am getting married to a man that gets his SS from his deaseased wife, what do I get if he dies?
I am getting married to a man the gets hisSocial security from deasead wife, can i get some of his SS ?
I am 53 years old and my husband is on disability. Will I be able to get any benefits upon his death?
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
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?