Can a younger spouse get Social Security survivor benefits from SSDI recipient? Urgent marriage questions

Let me help clarify some of these questions: 1) They need to be married for at least 9 months for her to qualify for survivor benefits, unless his death is accidental or occurs in the line of U.S. military duty. 2) Yes, she can receive survivor benefits from his SSDI. When someone receiving disability benefits passes away, their benefits essentially convert to survivor benefits for eligible family members. He doesn't need to switch to retirement. 3) If your sister ends up on disability herself, she would generally receive the higher of either her own disability benefit or the survivor benefit, not both simultaneously. This is called the dual entitlement rule. 4) Since she would be a disabled widow, she could potentially claim as early as age 50. Otherwise, she could claim reduced survivor benefits at 60, or full survivor benefits at her full retirement age. 5) His SSDI benefit amount is already calculated based on his lifetime earnings, so the limited work history is already factored in. The survivor benefit would be based on what he's currently receiving. I hope they can enjoy their time together without worrying too much about these details.

my cousin was in sorta same situation. they had to be married for 10 months not 9!! please double check that bc its important. also she should marry him ASAP because the clock starts ticking from the wedding date.

I'm so sorry about your sister's boyfriend's diagnosis. To answer your questions about survivor benefits for a younger spouse: 1) The marriage duration requirement is 9 months in most cases, but there are exceptions if death is accidental or in line of military duty. 2) Yes, she can receive survivor benefits from his SSDI. The benefit amount would be based on what he was receiving. 3) If she becomes disabled herself before age 50, she could potentially receive both her own SSDI and a partial survivor benefit, but there are complex rules about this. She would generally receive the higher of the two benefits. 4) As a disabled widow, she could claim as early as age 50 if she meets the disability requirements. Otherwise, survivor benefits start at age 60 (reduced) or full retirement age (100%). 5) His benefit amount already factors in his work history, so what he receives now is what the survivor benefit would be based on. I recommend they speak with an SSA representative to get specific guidance for their situation. They can call SSA at 1-800-772-1213, but be prepared for long wait times.

Wait, I thought disability benefits STOP when someone dies??? My uncle was on disability and when he died my aunt didnt get anything from his disability. But maybe thats because she was already getting her own SS retirement?? Im confused now.

I've dealt with this exact situation. Here's what they need to know: 1. The 9-month marriage requirement has exceptions - if your sister's boyfriend's death is considered expected due to his terminal illness, the 9-month rule still applies. No exceptions for terminal illness unfortunately. 2. Your sister should get as much documentation as possible about her disability from the car accident. If she can qualify for her own SSDI, she can potentially claim disabled widow benefits as early as age 50. 3. IMPORTANT: If they get married and he passes away within the 9-month period, she would NOT be eligible for widow benefits. This is a hard rule with very few exceptions. 4. The benefit amount would be about 71.5% of his current SSDI if she claims at age 60, or 100% if she waits until her full retirement age (probably 67 for her). 5. If she gets her own SSDI, there's a complex calculation that determines if she gets any additional money from survivor benefits. Basically, she'll get whichever is higher - her disability benefit OR his survivor benefit. They should consult with a Social Security claims specialist before making any decisions. This stuff is complicated and the rules are strict.

Thank you all for the helpful information! This has clarified a lot. I talked to my sister today and passed along what I've learned from your responses. The 9-month marriage requirement is definitely a concern since his prognosis is 1-2 years, but that at least gives them some time. They're planning to get married next month and have already scheduled an appointment with Social Security to discuss all these details in person. I'll be going with them to help keep track of everything. My sister's also going to get comprehensive documentation about her injuries from her doctors in case she needs to apply for disability herself. I appreciate all your insights - this has been incredibly helpful during a difficult time.

This is what makes me SO MAD about social security!!! Why should they have to be married for 9 months when he has TERMINAL CANCER?? its so cruel... he paid into the system his WHOLE LIFE and now they put these ridiculous restrictions that hurt real people. They should just get married ASAP and pray he makes it past the 9 month mark. The whole system is RIGGED against us normal folks 😡

I had a similar situation with my late husband. One thing that hasn't been mentioned yet - if your sister does qualify for survivor benefits but is still under her full retirement age when she starts collecting, the benefit amount will be reduced. At age 60 (the earliest a non-disabled widow can claim), she would get about 71.5% of his full benefit amount. Each month she waits after that increases the percentage slightly until she reaches her full retirement age (probably around 67 for her age), when she would get 100% of his benefit. If she qualifies as a disabled widow and starts benefits at age 50, the reduction is even more significant - about 71.5% of his benefit. But sometimes getting some money earlier is better than waiting for the full amount. Also, while the 9-month marriage rule is generally firm, there are very specific exceptions. One exception is if the death was accidental. This probably won't apply in a terminal illness situation, but worth knowing.

To answer your follow-up question: Yes, if she claims survivor benefits early (either at 50 as a disabled widow or at 60 as a non-disabled widow), the reduction is permanent. Unlike retirement benefits, survivor benefits do not automatically increase to 100% when she reaches her full retirement age. Regarding the benefit amount - she would receive a percentage of what he's getting now, based on when she claims. At her full retirement age, that would be 100% of his current SSDI benefit. If she claims earlier, it would be a reduced percentage. One other option they might consider - if they get married and he lives at least 9 months, but she doesn't qualify for disabled widow benefits, she could apply for spousal benefits at age 62 (reduced) while he's still alive. Then after he passes, she could switch to survivor benefits, which are generally higher than spousal benefits.