Administrative Law

Can I Collect My Deceased Husband's Social Security and My Own?

Discover if you can collect your deceased husband's Social Security and your own, with expert guidance from a professional legal consultant.

Understanding Social Security Benefits

As a widow, you may be eligible to collect your deceased husband's Social Security benefits, in addition to your own. The Social Security Administration (SSA) provides survivor benefits to spouses of deceased workers, which can help supplement your income.

To be eligible for survivor benefits, you must have been married to your deceased husband for at least nine months, and you must be at least 60 years old, or 50 years old if you are disabled. You can apply for survivor benefits online or by phone, and you will need to provide proof of your marriage and your husband's death.

Eligibility Requirements

To collect your deceased husband's Social Security benefits, you must meet certain eligibility requirements. You must have been married to your husband at the time of his death, and you must not have remarried. You must also be a U.S. citizen, or a qualified alien, and you must have a Social Security number.

If you are eligible for survivor benefits, you can choose to collect your deceased husband's benefits, or your own benefits, whichever is higher. You can also choose to collect a reduced benefit at age 60, or a full benefit at your full retirement age, which is currently 67 years old.

Applying for Benefits

To apply for your deceased husband's Social Security benefits, you will need to gather certain documents, including your marriage certificate, your husband's death certificate, and your Social Security number. You can apply online, by phone, or in person at your local SSA office.

When you apply, you will need to provide information about your husband's work history, including his Social Security number and his earnings record. You will also need to provide information about your own work history, including your Social Security number and your earnings record.

Benefits Amount

The amount of your deceased husband's Social Security benefits will depend on his earnings record, and the age at which he started collecting benefits. If your husband started collecting benefits at his full retirement age, you will be eligible for 100% of his benefits. If he started collecting benefits early, you will be eligible for a reduced benefit.

You can use the SSA's online calculator to estimate the amount of your deceased husband's benefits. You can also contact the SSA directly to ask about your benefits amount, and to get help with the application process.

Collecting Your Own Benefits

In addition to collecting your deceased husband's Social Security benefits, you may also be eligible to collect your own benefits. If you have worked and paid Social Security taxes, you may be eligible for retirement benefits, based on your own earnings record.

You can choose to collect your own benefits, or your deceased husband's benefits, whichever is higher. You can also choose to collect a reduced benefit at age 62, or a full benefit at your full retirement age, which is currently 67 years old. You should consider your options carefully, and seek advice from a professional legal consultant if you are unsure.

Frequently Asked Questions

Can I collect my deceased husband's Social Security benefits if I remarry?

No, if you remarry, you will not be eligible to collect your deceased husband's Social Security benefits. However, you may be eligible to collect benefits based on your new spouse's earnings record.

How do I apply for my deceased husband's Social Security benefits?

You can apply online, by phone, or in person at your local SSA office. You will need to provide proof of your marriage, your husband's death, and your Social Security number.

Can I collect my deceased husband's Social Security benefits and my own at the same time?

Yes, you can collect both benefits, but you will need to choose which benefit to collect first. You can switch to the other benefit later, if it is higher.

How much will I receive in Social Security benefits if I collect my deceased husband's benefits?

The amount of your deceased husband's benefits will depend on his earnings record, and the age at which he started collecting benefits. You can use the SSA's online calculator to estimate the amount.

Do I need to be a U.S. citizen to collect my deceased husband's Social Security benefits?

Yes, you must be a U.S. citizen, or a qualified alien, to collect Social Security benefits. You must also have a Social Security number.

Can I appeal a decision if I am denied Social Security benefits?

Yes, you can appeal a decision if you are denied benefits. You should contact the SSA directly to ask about the appeals process, and to get help with your appeal.