Can I get survivor benefits after being married only 9 months? Husband on SSDI passed away
I lost my husband 3 weeks ago and I'm trying to figure out my Social Security options. He was receiving SSDI for the past 4 years. We were only married for 9 months when he passed away. I just turned 66 last month and was planning to file for my own retirement benefits soon. I've heard there's normally a 9-month marriage requirement for survivor benefits, but wasn't sure if this applies when the person was on disability. Does anyone know if I qualify for survivor benefits since we just hit that 9-month mark? Would his SSDI payment be higher than what I'd get on my own record? I tried calling the SSA office three times but got disconnected after waiting for over an hour each time.
19 comments
Tami Morgan
I'm very sorry for your loss. Good news - you do meet the 9-month marriage duration requirement for survivor benefits! Since you were married exactly 9 months when he passed, you qualify. This same rule applies whether your spouse was receiving retirement or disability benefits. At your age (66), you're at full retirement age for survivors, so you could receive 100% of his SSDI benefit amount if it's higher than your own retirement benefit. I recommend applying as soon as possible since survivor benefits can only be paid from the time you apply, not from when he passed away.
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Maya Diaz
•Thank you so much for this information! Do you know if I can apply for both my own retirement and his survivor benefit, or do I have to choose one? I worked for 30 years but my earnings were pretty modest. His SSDI was around $2,200/month.
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Rami Samuels
so sorry ur going thru this... my sister had similar thing happen last year. important question: was his death related to the condition he was getting disability for? if it was, i think theres some special rules that might help u qualify even if u didnt reach 9 months but sounds like u did hit 9 months anyway so probably ok
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Maya Diaz
•Thank you. His death was partially related to his disability (he had a heart condition), but we were definitely married exactly 9 months when he passed. Do you know if your sister got benefits right away or was there a waiting period?
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Haley Bennett
The 9-month marriage rule has a few EXCEPTIONS that might help others reading this thread: 1. If death was accidental 2. If death occurred in line of duty as active military 3. If you have a child together But since you were married exactly 9 months, you meet the standard requirement anyway. At your full retirement age of 66, you can get 100% of his benefit. Important: Get a copy of the marriage certificate and death certificate before your appointment. Also helpful to have his Social Security number ready.
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Douglas Foster
•Wait I thought it had to be 10 months?? When my uncle died my aunt was told she couldn't get anything because they'd only been married 9.5 months. This system is SO confusing! 😡
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Nina Chan
If you're exactly at 9 months of marriage, you're right at the minimum requirement. When applying, make sure you have documentation showing the exact marriage date and death date. Since you're already at full retirement age for survivor benefits (which is lower than for regular retirement - currently 66 for your birth year), you have a couple of strategic options: 1. Take REDUCED retirement on your own record now and switch to the survivor benefit later 2. Take the FULL survivor benefit now and switch to your own retirement at 70 if yours would be higher with delayed credits Given that his benefit was SSDI and likely higher, option 2 is probably best for you.
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Maya Diaz
•This is very helpful. I didn't realize I could potentially switch between benefits. Since his SSDI was $2,200/month and I'm estimating mine would be around $1,600 at full retirement age, it sounds like taking his survivor benefit would be better.
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Ruby Knight
My condolences on your loss. The SSA can be really difficult to reach these days! When I was trying to sort out my widow benefits last year, I kept getting disconnected or waiting for hours. I finally used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me so much frustration during an already difficult time. For survivor benefits especially, talking to an actual person is really important because there are so many specific rules.
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Rami Samuels
•does that claimyr thing really work? i spent 3 days trying to get thru to ssa last month!
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Ruby Knight
•Yes! I was skeptical but it actually connected me right away. My sister also used it when she needed to update her address with SSA and had the same experience. Definitely worth it to avoid the stress of getting disconnected over and over.
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Diego Castillo
I AM SO SORRY BUT THE SSA RULES ARE TERRIBLE!!! My mom was married 8 months and 3 weeks when my dad died and they DENIED her!!! ONE WEEK SHORT! She fought for MONTHS and they never budged! The whole system is designed to deny benefits that people DESERVE!!!
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Tami Morgan
•I understand your frustration. The 9-month rule can seem arbitrary in these situations. However, there are exceptions for accidental death and some other circumstances. If your mother's case involved any of these exceptions, she might want to appeal the decision or request a reconsideration if it wasn't too long ago.
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Diego Castillo
•They said because he died from cancer it wasn't "accidental" so the exception didn't apply. She gave up after 2 appeals. This was 5 years ago now.
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Douglas Foster
Quick question - does anyone know if the 9 month requirement is 9 calendar months or exactly 270 days? My friend is in a similar situation and her SSA office gave her conflicting info about how they count it.
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Haley Bennett
•It's typically 9 calendar months, not exactly 270 days. For example, if married January 15th and spouse died October 15th, that would qualify as 9 months even though the actual number of days varies depending on which months are included. However, if you're very close to the cutoff, having documentation of the exact dates is crucial.
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Maya Diaz
Update: I called SSA again today and finally got through after a 2.5 hour wait! The agent confirmed I do qualify for survivor benefits since we were married exactly 9 months. She said I can receive 100% of his benefit amount since I'm at full retirement age for survivors. I have an appointment next week to complete the application. Thank you everyone for your help and advice!
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Tami Morgan
•That's excellent news! Make sure to bring your marriage certificate, his death certificate, and both of your Social Security cards/numbers to the appointment. Also bring your birth certificate and a direct deposit form with your banking information to ensure smooth processing. Wishing you all the best during this difficult time.
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Rami Samuels
•glad u got good news! sorry again about ur husband ❤️
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