Can my sister collect Social Security survivor benefits from ex-husband who died after divorce?

Yes, your sister may qualify for survivor benefits as a divorced spouse! I was in a similar situation. The requirements are: 1) marriage lasted at least 10 years (she meets this at 13 years), 2) she hasn't remarried before age 60 (sounds like she hasn't remarried), and 3) she's at least 60 years old OR disabled and at least 50 years old. Since she's 58 and on SSDI, she meets that third requirement. The best part is that claiming these survivor benefits won't reduce her disability benefits - she could get the higher of the two amounts. She should contact SSA right away because there might be retroactive benefits available depending on when her ex passed away.

my neighbor got surviver benefits from her xchusbind and they were divorce for like 25 years!! but she had to go to the office with her divorce papers and his death certificate. not sure how she got that but she did somehow. good luck!!

This is an excellent question that many people don't realize they should ask. Your sister is potentially eligible for what's called "surviving divorced spouse benefits" because: 1. The marriage lasted more than 10 years (13 years qualifies) 2. She's disabled and over 50 (she's 58 with SSDI) Typically, survivor benefits require being age 60+, BUT there's a special provision for disabled surviving divorced spouses who can claim as early as 50. Her benefit would be approximately 71.5% of her ex-husband's full retirement amount. This percentage is reduced because she's claiming before her own Full Retirement Age. IMPORTANT: She won't receive both benefits in full. SSA will pay her SSDI amount plus the difference if the survivor benefit is higher. For example, if her SSDI is $1200 and the survivor benefit would be $1800, she would receive $1800 total (not $3000). She should contact SSA immediately as there may be retroactive benefits available, though typically limited to 6 months back.

Not sure if this matters but what if she gets remarried now? Would she lose the ability to get her ex's SS? My aunt lost benefits when she remarried at 58 and it caused a huge financial problem for her.

To answer your follow-up question: Yes, when she reaches her Full Retirement Age (likely 67), the percentage would increase to 100% of her ex-husband's Primary Insurance Amount (PIA). The reduction is not permanent if she continues receiving benefits until FRA. Regarding remarriage: This is an important point that someone else mentioned. If your sister remarries before age 60, she would lose eligibility for the surviving divorced spouse benefits. After age 60, remarriage does not affect eligibility for these benefits. One more thing to note: When she reaches age 62, she could technically file for retirement on her own record, but this is rarely beneficial as it would likely be less than either her SSDI or survivor benefits. At FRA, her SSDI automatically converts to retirement benefits anyway.

WAIT WAIT WAIT everyone is missing the MOST IMPORTANT THING!!! This is the government we're talking about, they don't just HAND YOU benefits you qualify for!! Your sister needs to APPLY for this specifically - they DON'T check automatically!!! I know because my sister was in almost the EXACT same situation and she lost out on almost 2 YEARS of back benefits because nobody at SSA bothered to tell her she qualified for her ex's record!!! THEY KNEW she was divorced and her ex died!!! She had it all in her file but NOPE they just let her collect the lower amount!!! MAKE HER APPLY ASAP!!!!!

Everyone has given great advice here. One practical tip: your sister should gather these documents before contacting SSA: 1. Her birth certificate 2. Marriage certificate 3. Divorce decree 4. Ex-husband's death certificate (can be requested from vital records in the state where he died) 5. Her Social Security card 6. Proof of her disability status (should be in SSA's system but helpful to have documents) Also, be prepared for a potentially frustrating experience trying to reach SSA by phone. Their hold times can be 2+ hours these days, and many people report getting disconnected after waiting. I recently discovered a service called Claimyr that helps you skip the phone wait. You can see how it works at https://youtu.be/Z-BRbJw3puU or visit claimyr.com - it saved me hours when I needed to discuss my husband's benefits. In your sister's case, this is definitely worth pursuing. The difference between her current SSDI and potential survivor benefits could be substantial, especially over many years.

Just wondering - did your sister ever visit a Social Security office in person? Sometimes that's easier than phone. My cousin tried calling for weeks but got nowhere, then just walked into the local office and got everything sorted in one visit. Might be worth a try depending on her mobility?

One more important detail: When your sister applies, she should specifically request a restricted application for "surviving divorced spouse benefits." Some SSA representatives may not be familiar with all the rules for disabled surviving divorced spouses since it's a less common situation. If she encounters any resistance, she should reference the Social Security POMS section DI 10115.001 that covers disabled widow(er)'s benefits. This specifically includes divorced spouses who meet the duration requirements. I also recommend she keeps detailed notes of all conversations with SSA, including representative names and direct quotes about her eligibility. This documentation can be crucial if there's any dispute about retroactive benefits or eligibility determinations.

Did anyone mention that theres income limits if shes under full retirement age? My friend got widows benefits and she had to stay under some earnings limit or they took back money. Does that apply to disability too?