Can I collect Social Security survivor benefits from ex-husband who died at 65 after being on SSDI?
I'm trying to figure out my options after getting some surprising news. My ex-husband passed away last week at 65 years old. We were married for 22 years before divorcing in 2009, and neither of us ever remarried. He had been receiving SSDI (disability) benefits for about 12 years before his death. I just turned 62 last month and haven't applied for any Social Security benefits yet because I'm still working part-time. Can I receive survivor benefits based on his record? Does it matter that he was on disability rather than retirement benefits? And do I have to stop working to collect these benefits? I'm completely lost on how to proceed and any information would be appreciated!
17 comments
Paolo Moretti
Yes, you absolutely can claim survivor benefits as an ex-spouse! The requirements are: 1) marriage lasted at least 10 years, 2) you're at least 60 years old (or 50 if disabled), and 3) you haven't remarried before age 60. Since you meet all these conditions, you qualify. The fact that he was on SSDI doesn't matter - survivor benefits are calculated the same way regardless of whether the deceased was receiving disability or retirement benefits. As for working while collecting, since you're 62, you'll be subject to the earnings limit (about $22,320 for 2025). If you earn more than that, $1 in benefits will be withheld for every $2 you earn above the limit. Once you reach your Full Retirement Age (FRA), there's no earnings limit.
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Keisha Jackson
•Thank you so much for this information! I had no idea I could qualify based on his record since we've been divorced for so long. Do you know how much I might receive? And would I apply the same way as anyone else claiming survivor benefits?
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Amina Diop
my condolences on ur loss... you should call SSA right away! i think it matters how much he was getting on SSDI for what youll get. my mom got 82% of my dads benefit when he died but she was past full retirement age. your probably looking at less since ur only 62
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Keisha Jackson
•Thank you. Do you know if there's a deadline for when I need to apply? I'm worried I might miss out if I wait too long.
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Oliver Weber
When my sister was in a similar situation, she spent WEEKS trying to get through to SSA on the phone! She finally used a service called Claimyr (claimyr.com) that got her connected to a Social Security agent within minutes. They have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. Totally worth it since these survivor benefit applications should be done quickly, and you'll definitely need to speak with an agent for this kind of complex situation. My sister said it saved her hours of frustration!
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Natasha Romanova
•I've used Claimyr too! Worked great when I needed to sort out my husband's benefits. For something complicated like survivor benefits from an ex-spouse, definitely want to talk to an actual person not just try to figure it out online.
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NebulaNinja
Here's the detailed answer on your situation: 1. Yes, you qualify for divorced spouse survivor benefits since you were married 10+ years and haven't remarried before 60. 2. At 62, you'll get approximately 71.5% of his full benefit amount. This reduction is permanent. 3. His SSDI status doesn't affect your eligibility, but impacts the calculation. The benefit amount will be based on what he was receiving at death. 4. You can work while receiving benefits, but will face the earnings test until your FRA (about $22,320/year for 2025). Exceeding this means $1 in benefits withheld for every $2 over the limit. 5. You should compare your own retirement benefit with the survivor benefit. You can take the survivor benefit now and switch to your own later if it would be higher (especially if you continue working). Schedule an appointment with SSA immediately. You'll need his death certificate, marriage certificate, divorce decree, your birth certificate, and Social Security numbers for both of you.
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Javier Gomez
•WAIT!!!! This is the exact situation my aunt was in last year, and those jerks at Social Security told her she WASN'T eligible because she hadn't been married for 25 years!!!! She missed out on thousands of dollars because of this!!! Everybody make sure you DOUBLE CHECK what they tell you!!!
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Emma Wilson
sorry about your ex. quick question - did he remarry? if he had a current wife that would affect things i think
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Keisha Jackson
•No, he never remarried either. Thanks for bringing that up though - I imagine it would complicate things if he had.
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Paolo Moretti
Since you mentioned working part-time, I should clarify something important about the earnings test. The $22,320 limit for 2025 is for people who won't reach Full Retirement Age (FRA) during the year. During the year you reach FRA, the limit jumps to about $59,520, and only earnings before your FRA month count. And the reduction is $1 for every $3 above the limit in that year. Also - very important - any benefits withheld due to earning too much aren't lost forever. Once you reach FRA, your benefit amount is recalculated to credit you for the months when benefits were withheld.
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Keisha Jackson
•That's really helpful to know! My FRA is 67, so I have quite a while before reaching that point. I'll need to carefully consider whether to apply now or wait, based on how much I'm earning at my part-time job.
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Amina Diop
one more thing to think about... if you think your own SS benefit might be bigger when you hit full retirement you could take the survivor benefit now (even with reduction) and then switch to your own later. my neighbor did this and it worked out better for her in the long run
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Natasha Romanova
•That strategy doesn't always work for everyone! It depends on your own earning record vs your ex's. In my case it was better to wait on both. Everyone's situation is so different!
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Javier Gomez
These government agencies are so FRUSTRATING!!! My brother was in a similar situation but they wouldn't approve his benefits for MONTHS!!! Make sure you keep COPIES of EVERYTHING you submit to them!!! They "lost" my brother's divorce decree TWICE and he had to pay to get new copies!!! RIDICULOUS system!!!
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Emma Wilson
•yeah happened to me too. they lost my birth certificate and then told me i never sent it in the first place lol
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Keisha Jackson
Thank you all so much for your helpful advice. I'm going to try to schedule an appointment with SSA this week to get the process started. I'll make sure to bring all the documents mentioned and copies of everything. Based on your suggestions, I think I'll apply for the survivor benefits now since I'm not earning that much at my part-time job, and then possibly switch to my own retirement benefit later if it ends up being higher. And I'll definitely check out that Claimyr service if I have trouble getting through on the phone. I really appreciate all your help during this difficult time!
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