Social Security survivor benefits denied - only married 6 months before spouse died on SSDI

Unfortunately, you're mostly correct about your situation. The 9-month marriage duration requirement for survivor benefits is pretty strict, with only a few rare exceptions (accidental death, military service death, etc.). The fact that your late husband was on SSDI doesn't change the marriage duration requirement. However, you do have an option with your first marriage since it lasted over 10 years. You CAN potentially claim ex-spouse benefits on your first husband's record if: 1. You're at least 62 2. You haven't remarried before age 60 3. Your ex is entitled to benefits 4. The benefit you'd receive on your own work record is less than what you'd receive on his Since your more recent husband passed away when you were already married to him, the remarriage rule shouldn't disqualify you from claiming on your first husband's record when you reach the appropriate age.

This happened to my cousin too - was with her partner 12 years but only married 8 months before he died. She got NOTHING but that stupid $254 payment which barely covers anything these days. The 9-month rule is so unfair when someone passes unexpectedly! The SSA doesn't care how long you were together, only how long you had a marriage certificate. Makes me so angry for people like you who provided care and support for years.

You might want to check if any of these exceptions to the 9-month rule apply to your situation: 1. Your husband died in an accident 2. He died while on active military duty 3. You had children together 4. You were previously married to him and the combined marriage periods total 9+ months If none of these apply, then yes, you'll need to rely on either your own work record or possibly your ex-husband's (from your 10+ year marriage) when you reach retirement age. You're correct that his ex-wife from an 8-year marriage wouldn't qualify for divorced spouse benefits either. Also, even though you were married only 6 months, if you were caring for his child (under 16) at the time of his death, you might qualify for mother's/father's benefits regardless of the marriage duration.

This is why people need to plan better! My brother and his gf were together 22 years but never married. She got ZERO when he died. At least you got the $254 (which is ridiculous btw). Social security rules are from the dark ages when everyone got married at 20 and stayed married 50 years. Doesn't work that way anymore!

Have you tried calling SSA directly to discuss your case? Sometimes there are exceptions or special provisions they don't advertise widely. I had trouble getting through to them for weeks about my disability appeal until I found a service called Claimyr (claimyr.com). They got me connected to a live SSA agent in under 20 minutes instead of waiting on hold for hours or getting disconnected. You can see how it works in their video demo: https://youtu.be/Z-BRbJw3puU Worth trying to speak directly with an agent who can look at your specific situation and all the details. There might be something about your case that could qualify you for some benefits.

not to get off topic but does anyone know if the $254 death benefit changes with inflation? seems like its been the same amount forever

One more thing to consider - if you're taking care of any children or dependents with disabilities that your late husband was supporting (even if not biological children), there might be benefits available to them. Also, while the 9-month marriage rule is generally strict, there are occasionally unique circumstances where SSA can make exceptions. For anyone dealing with a similar situation, it's worth filing an application even if you think you'll be denied, because: 1. The application establishes your protective filing date 2. You get a formal, appealable decision 3. Sometimes unusual circumstances do result in exceptions In your specific case, since you mentioned you're 58 now, the most viable path would likely be examining benefits based on your 10+ year first marriage when you reach age 62, while comparing that amount to what you'd receive on your own record.

wait i'm confused...if you were with him for 16 years why did you only get married 6 months before he died? not judging just wondering if there was a reason because that timing seems important