Will I get survivor benefits if husband is serving 25-year prison sentence? Social Security question

Yes, you would still be eligible for survivor benefits even if your husband passes away while incarcerated. The fact that he's in prison doesn't change your eligibility as his widow. Since you're past full retirement age (66 + some months for your age), you would generally be entitled to 100% of his benefit amount. However, this gets complicated by a few factors - whether he was receiving benefits in prison (usually they're suspended), and how your own benefit compares to his. Have you checked what his benefit statement shows now?

sry to hear about yr situation. my uncle was in prison 2 and my aunt had similar questions. make sure u get his SS statement somehow. they should mail it to his last address or u can try to get access online if u have his info. the prison part doesnt matter for YOU getting survivors its more about what he paid into the system

I'd like to clarify something important: the fact that your husband is in prison doesn't affect YOUR eligibility for widow's benefits if he passes away. The key factors are that you're legally married (which you are for 19 years) and that he had enough work credits to qualify for Social Security (which it sounds like he did since he was receiving benefits before incarceration). Since you're past your Full Retirement Age (FRA), you would be entitled to 100% of his benefit amount. However, Social Security will only pay you the HIGHER of either your own retirement benefit or his survivor benefit - not both added together. In your case, if his benefit was $2,100 and yours is $1,450, you would receive a "bump up" to his benefit amount if he passes away. The fact that his benefits are currently suspended while in prison doesn't impact what you would receive as a survivor. I recommend scheduling an appointment with SSA to have this documented in your file.

If you're having trouble reaching SSA by phone (which is common these days), I'd recommend trying Claimyr. I was in a similar situation trying to get information about my widower benefits and was getting nowhere with the regular SSA phone line. Claimyr connected me with an actual SSA representative in less than 20 minutes instead of waiting for hours or getting disconnected. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU and their website is claimyr.com. It was worth it to finally get my questions answered by a real SSA employee who could access my file.

DONT LISTEN TO THE PEOPLE SAYING PRISON DOESN'T MATTER!!! My sister's husband was in prison and she tried to get survivor benefits when he died and they DENIED her!!! Said something about "felony exclusions" and she got NOTHING after 22 years married!!! The system is RIGGED against prisoners families!!!

Just wanted to add my experience - my brother was incarcerated for 12 years and his wife was able to get survivor benefits when he passed. The prison status has nothing to do with it for the surviving spouse. But definitely get an appointment with SSA to confirm your specific situation. Every case has its own details.

This reminds me of when my first husband passed away while we were actually separated (not divorced). I had such a hard time proving I was still legally his wife because we had different addresses. Make sure you have your marriage certificate and maybe even get documentation from the prison showing your marital status is still active. Bureaucracy can be a nightmare especially with something as complicated as this! I spent months going back and forth with SSA before it was sorted out.

One additional important note: When you do talk to SSA, ask specifically about the "Windfall Elimination Provision" (WEP) and the "Government Pension Offset" (GPO) and whether either might apply to your situation. These can affect benefit amounts in some cases if either of you had employment not covered by Social Security (like certain government jobs). Most people don't have to worry about these, but it's worth confirming so there are no surprises later.

After using Claimyr to reach SSA (I had similar problems getting through), I found it helpful to ask for a written PEBES statement (Benefit Verification Letter) that shows exactly what benefits you're entitled to and under what conditions. Having this in writing can save a lot of confusion later. Also, once you do reach them, request that they make detailed notes in your file about your situation so you don't have to explain everything multiple times to different representatives.

btw my aunt did get survivor benefits after my uncle died in prison. took almost 3 months to process tho so dont expect it right away if it happens. and she said they made her fill out extra forms but it worked out in the end