Can my 86-year-old mom claim ex-spouse survivor benefits 10 years after my dad died?
I've just realized my mom might be missing out on Social Security money she deserves. My dad passed away in 2015 when he was 84 years old. They had been divorced, but were married for 35 years before that. Dad collected his Social Security for about 19 years before he died. Mom is now 86 and has been collecting her own Social Security since she turned 65. It never occurred to any of us that she might qualify for survivor benefits as an ex-spouse after his death. She never applied for anything when he died. Is she still entitled to apply for survivor benefits now, even though it's been 10 years since his passing? If she qualifies, would she get retroactive payments? Her current benefit is pretty modest and every dollar would help with her medical expenses. Thanks for any insights!
18 comments
Justin Trejo
Yes, your mother might be eligible for divorced widow's benefits! Since they were married for over 10 years (35 years is well over the minimum), and she's currently unmarried, she could potentially receive benefits based on your father's earnings record if they're higher than her current benefit. The 10-year delay isn't necessarily a problem for eligibility, but it does impact potential retroactive benefits - SSA typically only allows 6 months of retroactive payments for survivor benefits. She should contact Social Security immediately to see if his benefit amount would be higher than what she's currently receiving.
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Marina Hendrix
•Thank you so much! This is really helpful. So even though it's been 10 years, she can still apply? That's a relief. Do you know if she'll need to provide their divorce decree and his death certificate? I'm not sure if she still has those documents after all this time.
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Alana Willis
my neighbor went thru this exact same thing!!! her ex died and she didnt know for 3 yrs she could get higher payments. SSA never told her nothing about it, she found out from her hairdresser believe it or not. She got switched to the ex's benefit but only got like 5 months backpay even tho he was dead for years. she was FURIOUS
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Tyler Murphy
•Wow that sucks! The government should automatically tell people about this stuff. They know when people die and everything. Why make it so complicated?
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Sara Unger
There's a critical detail you need to understand about survivor benefits for divorced spouses. Your mother would only be eligible if her benefit as a survivor exceeds her own retirement benefit. At her age (86), she would receive 100% of your father's benefit amount IF that amount is higher than her current benefit. Since she's been collecting her own benefit since 65, you need to compare the numbers. If your father's benefit was substantially higher than hers, this could be significant. If they were similar, there might be little to no increase. Regarding retroactivity, survivor benefits can only be paid retroactively for 6 months maximum, so unfortunately, she wouldn't receive payments going back to 2015. However, if she qualifies for a higher monthly amount, that would continue for the rest of her life. I recommend she schedule an appointment with SSA to discuss her specific situation. They'll need your father's SSN, their marriage certificate, divorce decree, and his death certificate.
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Marina Hendrix
•Thank you for the detailed explanation. I'm not sure if dad's benefit was higher, but it probably was because he made quite a bit more than mom over their working years. It's frustrating to think she might have missed out on years of higher payments, but even getting a higher amount going forward would help her.
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Butch Sledgehammer
I went through something similar with my aunt last year. Getting through to Social Security to discuss survivor benefits was a NIGHTMARE. We called for WEEKS and either couldn't get through or got disconnected after waiting on hold forever. Finally used a service called Claimyr (claimyr.com) that got us a callback from SS within like an hour. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once we actually got to speak with someone, they were helpful and my aunt started getting an extra $320/month based on my uncle's record. Definitely worth pursuing but be prepared for the frustration of actually reaching someone at SSA.
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Marina Hendrix
•Thanks for the tip about Claimyr! My mom gets overwhelmed easily with phone calls and waiting on hold. I'll definitely check out that service. $320 more per month would make a huge difference for my mom too.
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Alana Willis
•is that service legit?? never heard of it before. does it cost money?? cuz last time i called SS i waited 2.5 HOURS and then they hung up on me!!!
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Freya Ross
Your mother should definitely apply for divorced widow's benefits immediately. Here's what she needs to know: 1) The marriage duration requirement is 10 years minimum (she meets this at 35 years) 2) She must be currently unmarried to receive benefits on ex-spouse's record 3) The real question is whether your father's Primary Insurance Amount (PIA) would give her a higher benefit than her current one 4) Unfortunately, retroactive benefits are limited to 6 months maximum for survivor claims 5) There is NO deadline to apply for survivor benefits (the 2-year rumor some people believe is false) The comparison is straightforward: If your father's benefit amount (what he was receiving) is higher than what your mother currently receives, she should be able to step up to that higher amount. At 86, she's well past Full Retirement Age, so she would receive 100% of his benefit amount. I strongly recommend she call SSA or make an appointment. Have her gather: her ID, her SSN, your father's SSN, marriage certificate, divorce decree, and death certificate. If she doesn't have these, SSA can often access them in their systems.
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Leslie Parker
•This is totally WRONG. After 7 years you CANNOT claim survivor benefits!! My cousin tried to do this exact thing and SSA told her there's a time limit. Stop giving false hope to people.
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Freya Ross
•I'm afraid you're mistaken. There is absolutely NO time limit for applying for survivor benefits. Your cousin may have been dealing with a different issue or received incorrect information. This is directly from SSA's website and policy. The only time limitation is on retroactive benefits (6 months maximum), not on applying for the benefit itself.
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Marina Hendrix
Thank you all for your helpful responses! I spoke with my mom and we're going to gather whatever documents we can find and try to contact Social Security this week. It sounds like even if she can only get 6 months of back payments, the ongoing higher benefit could really help her financially. I'll let you know how it goes after we talk to them!
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Butch Sledgehammer
•Good luck! Just be prepared for the challenge of actually getting through to them. Remember that service I mentioned if you hit roadblocks with the phone system. And don't give up - it sounds like this could mean significant money for your mom going forward.
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Tyler Murphy
My mom did this but she had to bring like 50 papers to the office and wait for hours!! Make sure your mom brings EVERYTHING or they'll make her come back again!
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Marina Hendrix
•Thanks for the warning! I'll make sure we have extra copies of everything. Mom has mobility issues so I definitely don't want her to have to make multiple trips.
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Sara Unger
One more important point - when your mother applies, she should specifically ask about the Lump Sum Death Payment as well. This is a one-time $255 payment that she might be eligible for, even as a divorced spouse, if she wasn't remarried before your father's death. Many people don't know to ask about this. While $255 isn't a large sum, it's still beneficial. Also, make sure she asks SSA to run a complete benefits calculation to ensure she's receiving all benefits she's entitled to. Sometimes people are eligible for multiple benefit types, and SSA is required to pay the highest benefit amount.
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Justin Trejo
•Great addition about the LSDP! Though I should mention that there's a 2-year filing deadline after death for the $255 lump sum payment, so unfortunately the mother is well past that timeframe. However, the point about requesting a complete benefits calculation is excellent advice that everyone should follow when dealing with SSA.
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