Widows & Widowers - Social Security Benefits

Name		Widows and widowers - Social Security
Non-Financial Eligibility Conditions		You must have been validly married under state law to the deceased wage earner at the time of his/her death. You also must meet the following conditions: You must be age 60 or older ( or 50 or older if you are disabled) and You must meet at least one of the following: married to the wage earner for at least nine months prior to death, or the wage earner had a life expectancy of nine months or more at the time of the marriage, or had a child or adopted a child with the wage earner, or were already entitled to social security benefits on your own earnings record
Income Eligibility Conditions		None
Asset Eligibility Conditions		None
Benefit		You will receive the same amount as the wage earner's (your spouse's) own full social security benefit. The benefit based on the wage earner's work history under Social Security. How benefits are calculated.
Apply At		Social Security office. Locate your Social Security Office
Appeals		You can appeal any denial, termination, or reduction of benefits You must file an appeal within 60 days of the date of the written notice with which you disagree. In addition, you have a 5 day "grace period" to allow for the mailing of the notice to you, making the total amount of time you have to file an appeal 60+5 days.
Source of the Funds		Social Security trust Fund
You Also Would Be Eligible For		None
Sources of Law		Federal Law: 42 U.S.C. § 402(e),(f) Federal Regulations: 20 C.F.R. §§ 404.335 - .338 Federal Policy Materials
Other

Is this legal advice? This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney. See our section on Finding Legal Help.

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders. In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

Comments?

Need help with the legal terms?

Understanding Legal Research