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Can I claim Social Security survivor benefits 36 years after husband's death?

I've been wondering about something for a while now and finally decided to ask. My husband passed away suddenly when he was 39 (I was 32 then) and I was 7 months pregnant with our daughter. After she was born, I did receive survivor benefits for her, but I never claimed anything for myself as I continued working full-time. That was back in 1989. Fast forward to 2013, I had to take disability retirement due to severe rheumatoid arthritis. My employer plan required me to apply for SSDI at the same time. When I turned 65 in 2023, my disability benefits automatically converted to regular retirement benefits. I know I'm getting less than my full retirement amount since SSDI essentially forced me to claim early. My question is: After all these years (36 to be exact), am I eligible for any survivor benefits based on my late husband's record? We were married for just under 2 years when he passed. I've never remarried. I've seen posts about people getting higher benefits based on their spouse's earnings, but I'm not sure if that applies in my situation since it's been so long and our marriage was relatively short. I know I paid into Social Security much more than my husband did since his career was cut short, if that matters. Any insights?

Yes, you might be eligible for survivor benefits! The 9-month marriage duration requirement is met, and since you never remarried before age 60, you've maintained eligibility. There's no time limit for claiming survivor benefits. The key question is whether your own benefit amount is higher than what you'd receive as a survivor (which would be up to 100% of what your husband would receive if he were alive today). I'd recommend contacting SSA immediately to have them compare the amounts. Even though your husband had limited earnings, death benefits are calculated differently than retirement benefits, and his theoretical benefit might have grown considerably over 36 years with COLA adjustments. This could potentially increase your monthly payment if his benefit amount is higher than your current payment.

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Thank you so much for the information! I honestly had no idea that I might still be eligible after all this time. I just assumed that since it had been so many years, and we were married for such a short time, that I wouldn't qualify. Do you know if they would pay me any back benefits if it turns out I've been eligible all this time? I feel like I've really missed out if that's the case.

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my mom was in a similar situation and didnt know she could get survivors benefits until 15 years after my dad died!! the ssa doesn't exactly advertise these things lol. when she finally found out and applied they did NOT give her any backpay tho, just started the higher benefit going forward. still worth checking into!!

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That's really helpful to know about your mom's experience. I figured they wouldn't give me 36 years of backpay (that would be something!), but it's still disappointing they don't give you anything for the time you missed. I'll definitely look into it though - even a small increase monthly would help with my medical expenses.

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The SSA really fails people by not properly informing them of their benefit options! I've seen this EXACT situation multiple times. Here's what you need to know: 1. The length of your marriage (just under 2 years) IS sufficient because you had his child. There's a special exception to the 9-month rule when a child is involved. 2. Your disability conversion to retirement DID lock in a reduced benefit amount. 3. You ABSOLUTELY should schedule an appointment with SSA to compare benefit amounts. Your husband's theoretical benefit has received 36 years of COLA increases! 4. Unfortunately, retroactive benefits for survivors are limited to 6 months maximum, so no massive backpay. 5. Be PERSISTENT! Take documentation of your marriage and your child's birth certificate to prove relationship. Good luck! Let us know what happens!

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WRONG information here!!! The 9-month marriage rule is NOT waived just because they had a child. That exception only applies to accidental death situations. The regular survivor requirement is 9 months of marriage OR having a child together AND being married when he died. She meets the criteria by having a child with him while married, not because of any exception.

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You're right about the technical details - I should have been more precise. The point is she definitely qualifies, and I was trying to reassure her that even though her marriage was under 2 years, having his child while they were married meets the eligibility requirements. Thanks for the correction!

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Have you tried calling the SSA to discuss this? I had a similar question last month and spent THREE DAYS trying to get through to someone. Kept getting disconnected or waiting for hours. I finally found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Seriously worth it when dealing with complicated situations like yours where you really need to talk to someone who can look at your specific record. The agent I spoke with was able to tell me exactly what I qualified for.

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I haven't called yet, but I was dreading it. The last time I had to call about my disability conversion, I waited over 2 hours and then got disconnected! I'll check out that service you mentioned. At this point, I just want a definitive answer about whether I'm leaving money on the table.

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everyone always talks about how you should get benefits on your spouse's record if it's higher than yours but literally NO ONE at social security ever brought this up to me when my husband died. i had to figure it out by myself 5 years later and by then they wouldn't give me any back pay. the system is designed to keep us confused and save them money!! make sure you go IN PERSON if possible, the phone people don't always know what they're talking about

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While it's frustrating when information isn't clearly communicated, the SSA isn't actually "designed" to keep people confused. They're severely understaffed and underfunded. Their customer service representatives handle hundreds of complex programs and situations. That said, your advice about going in person is spot-on - it's usually more effective than phone conversations for complex situations like survivor benefits after many years.

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To directly answer your question: Yes, you may be entitled to survivor benefits even 36 years later. There's no deadline for applying for these benefits. Here's what matters in your situation: 1) You were married and had his child - this qualifies you regardless of marriage length 2) You never remarried before age 60 - this preserves your eligibility 3) Your current benefit amount vs. his potential benefit amount - you'd receive whichever is higher When calculating survivor benefits, the SSA determines what your husband would receive if he were alive today, based on his earnings record adjusted for inflation (COLA) over these 36 years. Even with limited work history, this might exceed your reduced benefit amount. I recommend scheduling an appointment with your local SSA office specifically to evaluate survivor benefits. Bring your marriage certificate, his death certificate, your child's birth certificate, and your current benefit information. They'll need to perform calculations to determine if switching to survivor benefits would increase your monthly payment. Unfortunately, retroactive benefits are limited to 6 months maximum for survivors, regardless of when you could have first claimed them.

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Thank you for such a clear explanation. I'll gather those documents and make an appointment. Even if I only get a small increase, it would help with my medical expenses that have been piling up. It's frustrating to think I might have been eligible all these years without knowing, but at least going forward I could potentially get more.

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You're welcome. One more thing to keep in mind: when you speak with SSA, specifically ask them to calculate the survivor benefit with all the delayed retirement credits and COLA adjustments your husband's benefit would have received. Sometimes they need to be reminded to include these factors when so much time has passed. Good luck, and I hope you see an increase in your benefits!

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this doesnt make any sense to me. if he died 36 years ago how would they even know what his ss would be now?? he never worked all those years to pay into the system?? can someone explain how they figure that out

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Great question! When calculating survivor benefits for someone who died many years ago, the SSA starts with the deceased person's earnings record at the time of death. They then apply all the Cost-of-Living Adjustments (COLAs) that would have occurred from the time of death until now. For example, if her husband would have received $400/month in 1989 based on his work record at death, that amount would have increased with every COLA since then. After 36 years of COLAs, that $400 might now be worth $1,100 or more. They don't assume he would have continued working - they just take what he earned up until his death and adjust it for inflation over time. That's why even someone with a limited work history who died decades ago might still provide a meaningful survivor benefit today.

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I just want to thank everyone for their helpful responses. I had no idea I might still be eligible for survivor benefits after all these years! I've scheduled an appointment with my local SSA office for next week and will bring all the documents suggested. I'm trying not to get my hopes up too high since my husband was so young when he died and didn't have a long work history, but even a small increase would be helpful with my medical bills. I'll update once I find out what they say. I appreciate all of you taking the time to respond to my situation!

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Good luck with your appointment! One more tip: take notes during your meeting and ask for any benefit calculations in writing. Sometimes different SSA representatives give different answers, so having written documentation of what you were told can be helpful if you need to follow up later. Please do come back and let us know how it goes!

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