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Successfully applied for survivor benefits despite SSA agent initially denying eligibility

Just had the most stressful but ultimately successful day dealing with Social Security! My husband passed away 7 months ago, and I've been struggling to understand survivor benefits. After researching online and calling the SSA twice (getting different answers each time), I finally went to my local office today feeling prepared with documentation. The first agent I spoke with told me outright I wasn't eligible because I was working full-time and our son is 19 (in college). I almost gave up right there! But thanks to what I'd learned from friends and online research, I politely asked to speak with a technical expert. The supervisor intervened, reviewed my case, and confirmed I AM eligible for mother's benefits until our son turns 22 (since he's a full-time student). They even helped me submit the application! What perfect timing too - my company just announced today they're shutting down operations next month. So grateful I stood my ground instead of walking away. Has anyone else had success challenging an initial denial at the office?

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18 comments

ApolloJackson

•7d

This happens far too often. What you experienced is unfortunately common - frontline SSA employees sometimes lack specialized knowledge about all benefit types. The fact is that survivor benefits can be paid to a surviving parent caring for a child of the deceased worker who is under 16 OR a full-time student up to age 22 (for benefits paid before 1985 or after 2000). Your situation with a 19-year-old college student absolutely qualifies. Some things to remember going forward: 1. Keep documentation of your son's full-time student status each semester 2. Be aware that your earnings may affect benefits due to the earnings test if you're under FRA 3. When your son turns 22, your mother's benefits will end, but you may be eligible for widow's benefits at 60 Glad you advocated for yourself!

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Aria Washington

•7d

I'm so happy you persisted! Unfortunately, this is something I see almost daily in my work helping people navigate Social Security. Many front-line staff aren't fully trained on all the nuances of survivor benefits, especially with student status extensions. One important tip: Since your company is shutting down, make sure to report your end of employment to SSA immediately. This could significantly increase your monthly benefit amount if you're under Full Retirement Age, as the earnings test will no longer apply once you're not working. Also, if anyone is struggling to reach SSA by phone to verify eligibility before going to an office, I recently discovered Claimyr (claimyr.com). They have a service that gets you through to an actual SSA agent quickly instead of waiting on hold for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. I suggested it to a client who needed to confirm some documents before her office appointment, and she said it saved her hours of frustration.

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ApolloJackson

•7d

Yes, you've likely been eligible all this time! Your 17-year-old is entitled to survivor benefits as a child of the deceased worker until age 18 (or 19 if still in high school). And you would qualify for mother's/father's benefits while caring for a child under 16, though that window has passed. However, your child's benefits aren't affected by your work, only your own benefits would be reduced by the earnings test. I strongly recommend contacting SSA immediately, as you may be able to receive up to 6 months of retroactive benefits, though unfortunately not the full 2 years.

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