Can husband switch to higher survivor benefits when wife dies before reaching age 62? Special needs daughter involved

Sorry about your sister-in-law, that's awful. I think they can both get survivor benefits even though she's not 62 yet. My cousin was in similar situation except it was the husband who died young. The SS office told her there's no age minimum for survivor benefits like there is for retirement.

Yes, both your brother and niece can likely qualify for survivor benefits even though your sister-in-law hasn't reached retirement age. For survivor benefits, the deceased worker only needs to have earned enough credits based on their work history (usually 40 credits, or about 10 years of work). Age 62 is only relevant for retirement benefits, not survivor benefits. Your brother would receive the higher of either: 1) His own benefit amount, or 2) A survivor benefit based on what your sister-in-law would have received Since she was the higher earner, this will likely mean an increase for him. For your niece (assuming she qualifies as a disabled adult child), she could potentially receive higher benefits based on your sister-in-law's record too. IMPORTANT: They should contact SSA right away after your sister-in-law's passing, as survivor benefits are not always automatically awarded and are generally not retroactive beyond 6 months.

When my husband passed away before reaching retirement age, I had so much trouble getting through to SS on the phone! I'd call right when they opened and still wait for HOURS then get disconnected. Finally I used claimyr.com and got through to a real person in under 10 minutes. They have this service where they wait on hold with SSA for you then call you when an agent is on the line. Saved me so much stress during an already horrible time. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU

To clarify what others have mentioned: 1. For survivor benefits, your sister-in-law needs to have earned at least 6 credits (1.5 years of work) if she dies before age 62. This is much less than the 40 credits needed for retirement benefits. 2. Since she was the higher earner, both your brother and niece should apply for survivor benefits after she passes. Your brother would receive up to 100% of her Primary Insurance Amount (PIA) if he's at his Full Retirement Age (which he is at 72). 3. For your niece who is a disabled adult child, she could receive up to 75% of your sister-in-law's PIA, which might be higher than what she currently receives on your brother's record. 4. There's another important consideration here called the Family Maximum Benefit, which limits the total amount payable on one earner's record. This could affect the total they receive. They should contact SSA as soon as possible after your sister-in-law passes to start the survivor benefit application process. They'll need her death certificate and other documents.

SSA has a mess of confusing rules! I'm dealing with this EXACT situation right now with my husband. The key thing your brother needs to know: DO NOT DELAY CONTACTING SSA!! They won't make survivor payments until you apply, and they only backpay 6 months max!!! We lost almost a year of higher payments because no one told us to apply right away. 😠 Also, he should gather ALL this stuff before calling: - His wife's death certificate (they won't do ANYTHING without this) - Both their SS cards - Marriage certificate - Birth certificates for both of them - His bank account info for direct deposit - Her W-2 or tax return from last year Trust me, they'll find a reason to delay if he's missing ANYTHING.

one thing nobody mentioned - if your brother remarries before age 60 he loses the survivor benefits from your sister-in-law!! after 60 its ok tho

Regarding your niece's situation: She is likely receiving benefits as a Disabled Adult Child (DAC) on your brother's record. When your sister-in-law passes, your niece can potentially receive the higher of either: 1) What she currently receives on your brother's record, or 2) Up to 75% of your sister-in-law's Primary Insurance Amount as a survivor benefit The SSA will calculate which would be more beneficial. For the application, you'll need: - Her birth certificate - Proof of her disability (medical records, prior disability determinations) - Documentation showing disability began before age 22 - Any representative payee information if she's unable to manage her finances This change won't happen automatically - an application for survivor benefits must be filed on her behalf.

Im so sorry about your sister-in-law!!! This happened to my family too - my dad died at 57 before even getting SS and my mom got survivor benefits. Its def true you don't have to be 62, but I think your SIL needs enough work credits under SS. Has she worked at least 10 years paying into SS? Some govt jobs don't pay into SS and use different retirement systems fyi

just make sure they apply within 30 days!!! SS doesn't backdate payments if u wait!

Random question but did your sister-in-law ever work for a state government that didn't participate in Social Security? My aunt found out her husband's survivor benefits were reduced because of something called the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). Just something to look into if she ever had non-SS employment.