Can my aunt claim Social Security survivor benefits 10 years after my uncle's death with backpay?

Yes, your aunt is likely eligible for survivor benefits, even 10 years after your uncle's passing. However, backpay is typically limited to 6 months maximum for survivor benefits, so she wouldn't receive 10 years of payments. At 68, she's already past her Full Retirement Age (FRA), which is important. Since she's past FRA, she can actually file for survivor benefits while letting her own retirement benefits continue growing until age 70, which would maximize her monthly amount. This is called a restricted application strategy. The fact that she earned more than your uncle might mean her own benefit would be higher, but it's still worth checking both options. She should bring her marriage certificate, his death certificate, and his Social Security number to her appointment.

I thought you could get more than 6 months backpay?? When my mom died they gave my dad like 2 years of payments or something. Maybe its different for widows vs widowers??? Also she should definately check both amounts bcause sometimes the survivor benefit is more even if u earned more. My neighbors wife got more from her husbands record even tho she was a nurse and he was a janitor. SSA dosent always calculate things how you expect!!!

My husband died 8 years ago and I just claimed survivor benefits last year. They only gave me 12 months of back payments, not the full 8 years. Was disappointing but thats the rule apparently.

I see some confusion about backpay in the responses. Let me clarify: For survivor benefits, the maximum retroactive benefits is 12 months from the application date, not 6 months. So if your aunt applies next month, she could potentially receive up to 12 months of past survivor benefits, but unfortunately not for the entire 10 years. The bigger question is whether she should take survivor benefits at all. Since she earned more than your uncle, her own retirement benefit might be higher. However, there's a strategy worth considering: 1. Take the survivor benefit now (at 68, she's past her FRA) 2. Let her own retirement benefit continue growing until age 70 (it increases by 8% per year from FRA to 70) 3. At age 70, switch to her own retirement benefit if it's higher This is one of the few remaining "claim now, claim more later" strategies still available. Your aunt should absolutely ask about this specific strategy at her appointment.

Just wanna say good luck to your aunt! I had such a hard time when i was trying to figure all this out after my wife passed. The hold times on the SSA phone line were RIDICULOUS. Waited 3.5 hours once and then got disconnected! so frustrating

THE SSA LIES ALL THE TIME!!! Make sure your aunt INSISTS on reviewing BOTH her survivor benefit and her own record!!! My mother in law was told she wasn't eligible for survivors when she WAS - had to get a supervisor involved and suddenly she was eligible for an extra $600/month!!! THEY DON'T WANT TO PAY YOU WHAT YOUR OWED!!!

One important thing that hasn't been mentioned: When your aunt goes to her appointment, she should specifically use the phrase "I want to file a restricted application for survivor benefits only." This precise language matters. Also, the fact that she never applied for her own retirement benefits works in her favor for this strategy. If she had already filed for her own benefits, she wouldn't be able to use this approach. At 68, she's eligible for 108% of your uncle's Primary Insurance Amount (PIA) as a survivor benefit (assuming her FRA for survivor benefits was 66). This is because she delayed claiming survivors past her FRA. Finally, she should bring: - Marriage certificate - Uncle's death certificate - Both Social Security numbers - Her bank account info for direct deposit - Her birth certificate Good luck!

When my sister was dealing with survivor benefits last year they kept asking her if she wanted to apply for both retirement and survivors at the same time. she had to keep saying NO just survivors! they seemed confused by it so definitely have your aunt be really clear about wanting ONLY survivor benefits now.

ive been on SS for 15 yrs now and one thing i learned is always double check their math! my check was wrong for 3 yrs before i figured it out. they did give me backpay for their mistake tho so thats good.

Just wanted to add one more practical tip for your aunt's appointment: If possible, try to schedule it for early morning or right when the office opens. SSA offices tend to get busier as the day goes on, and the staff are usually more patient and thorough in the morning. Also, if the first representative seems unsure about the restricted application strategy, don't hesitate to ask to speak with a supervisor or claims specialist. This strategy isn't commonly used anymore since the rules changed in 2016, so some newer staff might not be familiar with it. Your aunt's situation (never having filed for her own benefits and being past FRA) is one of the rare cases where it still applies. One last thing - have her write down all the key numbers they give her during the appointment. It's easy to forget the exact benefit amounts when you're processing a lot of information, and you'll want to compare the survivor benefit amount to what her own benefit would be at age 70.