Widow denied Social Security survivor benefits at 65 despite 10-year marriage - confused about SSI impact
My aunt was just denied Social Security survivor benefits which has us all confused. She's 65, was married for 12 years to my late uncle before they divorced in 2001, and she never remarried. Uncle passed away in 2019 after working almost his entire adult life. She currently receives SSI (about $950/month), but we thought she'd qualify for survivor benefits since the marriage lasted over 10 years. The denial letter was vague - just said she "didn't qualify" with no specific explanation. I assumed survivor benefits for divorced spouses was pretty straightforward if you met the 10-year marriage rule? Could it be related to her current SSI? Or maybe because my uncle had periods of unemployment during their marriage? Any insight would be helpful - she's wondering if she should file an appeal or if there's something we're missing about divorced widow benefits. Has anyone else faced a similar situation?
19 comments


Sean O'Connor
There are several possible reasons for the denial. First, at 65 she's under Full Retirement Age (FRA) which would be 66 and 10 months for someone her age. Taking survivor benefits early results in a reduction. However, the more likely issue is that she's currently on SSI. SSI is a needs-based program, and if the survivor benefit amount is lower than or similar to her current SSI payment, she might not be eligible for both. Social Security automatically awards the higher benefit, not both. Additionally, if your uncle's work record wouldn't provide a benefit significantly higher than her current SSI, that could explain the denial.
0 coins
Anastasia Sokolov
•Thank you for that explanation! I didn't realize they wouldn't give her both benefits. We honestly thought she'd get her survivor benefits ON TOP OF her SSI. That might explain it, but wouldn't they at least give her the survivor benefit if it was higher than her SSI? And wouldn't they explain that in the letter?
0 coins
Zara Ahmed
Been thru this myself. The system is DESIGNED to frustrate people!! Your aunt should ABSOLUTELY appeal this decision. I was denied twice before finally getting approved for survivor benefits. The SSA reps on the phone are useless - they give different answers every time. The key is documentation and persistence. Also, there's a service called Claimyr (claimyr.com) that helped me actually reach a live SSA agent without waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Seriously saved me weeks of frustration when dealing with my appeal.
0 coins
Luca Conti
•this is so true! my mom got denied twice for no reason before they finally approved her. the whole system is rigged to make ppl give up
0 coins
Nia Johnson
This sounds like a coordination issue between SSI and survivor benefits. When someone qualifies for both SSI and Social Security benefits, they don't receive the full amount of both - there's an offset. Specifically: 1. SSI has an income limit (SSI is reduced by countable income) 2. Social Security survivor benefits count as income for SSI purposes 3. If her potential survivor benefit is less than her current SSI, there would be no net gain 4. If her survivor benefit is slightly higher, she might get that instead of SSI The denial letter should have been clearer, but SSA often sends generic notices. I recommend she request a detailed explanation by calling SSA and specifically asking for the calculation that led to the denial. She should also ask if filing at Full Retirement Age would make a difference.
0 coins
CyberNinja
•wait so if shes getting $950 in SSI and the survivor benefit would be like $900, she gets nothing extra? that seems really unfair!
0 coins
Mateo Lopez
I had a similar situation with my sister and found out it was because my brother-in-law didn't have enough work credits when he died. Even though they were married 14 years, he had worked off-the-books for several of those years. For survivor benefits, the deceased needs to have earned 40 work credits (generally 10 years of work) OR be fully insured at the time of death. Maybe this is the issue? Also, has your aunt requested her deceased ex-husband's earnings record? That might provide some clarity.
0 coins
Anastasia Sokolov
•That's interesting, I hadn't thought about work credits. My uncle worked mostly in construction and I know he had some under-the-table jobs too. But he also had periods of regular employment with taxes taken out. I'll suggest she request his earnings record - that's a great idea. Thank you!
0 coins
Aisha Abdullah
could be the SSI thing but also maybe she filed for the wrong benefit? There's a difference between SURVIVOR benefits and DIVORCED SPOUSE benefits. And theres also DISABLED WIDOW benefits if she has any disabilities. The whole system is so confusing I swear they make it complicated on purpose so people just give up lol
0 coins
Sean O'Connor
•Good point. To clarify: Divorced spouse benefits are for when the ex-spouse is still alive. Survivor benefits (divorced widow/widower) apply when the ex-spouse has passed away. Based on the post, since the uncle died, she would be applying for divorced widow benefits. But you're right that the terminology can be confusing and people sometimes apply for the wrong benefit type.
0 coins
Luca Conti
my mom got denied THREE times before finally getting approved!!! dont give up!!!! the ssa does this on purpose hoping people will just go away
0 coins
Nia Johnson
Another possibility: if your aunt started receiving SSI before reaching 62 (earliest age for survivor benefits), the SSA system might not have automatically evaluated her for survivor benefits when her ex-husband passed away. She would need to specifically apply for survivor benefits as a divorced spouse. The 2025 rule changes also affect some benefit calculations - not sure if that's relevant here, but worth mentioning.
0 coins
Anastasia Sokolov
•She's definitely applied specifically for the survivor benefits recently - that's what got denied. But I'm wondering about timing now. She started getting SSI about 7 years ago when she was 58 due to some health issues that prevented her from working full-time. Maybe that's creating some complication in how they're calculating everything?
0 coins
CyberNinja
One thing no ones mentioned - was she receiving any support from him after divorce? My aunt had similar issue and it was because their divorce decree had a specific clause about benefits? Something to check maybe?
0 coins
Anastasia Sokolov
•Hmm, that's interesting. No, she wasn't receiving any alimony or support after they divorced. Their split was pretty clean from what I understand - they didn't have children together and both just went their separate ways. I don't think there were any special clauses in their divorce papers.
0 coins
Sean O'Connor
Based on all the information shared, here's what I recommend: 1. Your aunt should request a detailed explanation of the denial in writing 2. Request your uncle's earnings record to verify he had sufficient work credits 3. Ask specifically how her SSI is affecting her eligibility for survivor benefits 4. Find out if waiting until her Full Retirement Age would make a difference 5. Consider filing an appeal if the denial still doesn't make sense after gathering this information The SSI/survivor benefits interaction is complex, and many SSA representatives don't explain it clearly. Don't give up - understanding the specific reason for denial is key to knowing whether an appeal is worthwhile.
0 coins
Mateo Lopez
•This is good advice. When my mother-in-law was denied, we requested a detailed explanation and discovered it was a simple calculation error on SSA's part. After appealing with the correct information, she was approved. Documentation is everything when dealing with Social Security!
0 coins
Zara Ahmed
Update: I asked my sister who works for a retirement planning company about this. She says it's DEFINITELY because of the SSI offset. If your aunt's potential survivor benefit is less than her SSI payment, she won't receive an additional payment. However, being entitled to survivor benefits might make her eligible for Medicare before 65, which would be a huge advantage over just SSI/Medicaid. So even if there's no immediate financial gain, there could be healthcare benefits worth pursuing. Definitely worth appealing just for that reason!
0 coins
Anastasia Sokolov
•Oh! That's really helpful about the Medicare eligibility. She just turned 65 last month so she's already eligible for Medicare now, but that's good to know for others in similar situations. I think we're going to help her appeal and specifically request a breakdown of the calculation. Thanks everyone for all this helpful information!
0 coins