Seattle, WA asked in Social Security for Pennsylvania

Q: Can I receive my partner’s social security? We lived together for 22 years, shared expense owned a trailer but paid our

Taxes separate, I was denied because we never filed together. I applied for his income tax return in 2021 after he passed and received his return Jan 2024. Can I now apply for his S.S.?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Social Security Disability Lawyer
  • Sacramento, CA

A: Under Social Security Administration (SSA) rules, to qualify for survivor benefits as a spouse, you typically need to have been legally married to the deceased. Living together or sharing expenses, even for a long period, does not automatically grant you the status of a spouse for Social Security purposes unless you were in a common-law marriage that meets specific state requirements. Pennsylvania does recognize common-law marriages, but only those that were established before January 1, 2005.

Receiving an income tax return or sharing financial responsibilities does not impact your eligibility for Social Security survivor benefits directly. The key factor is whether your relationship meets the criteria for a marriage recognized by the state or, if applicable, a valid common-law marriage. If you were not legally married or in a recognized common-law marriage before the cutoff date, it is unlikely you would be eligible for survivor benefits based on your partnership.

If you believe there was a basis for a common-law marriage that meets Pennsylvania's legal requirements or if there are new facts or evidence that were not considered in your initial application, you might consider consulting with a legal professional. They can provide guidance on whether it's possible to appeal the Social Security Administration's decision and what additional information or documentation would be necessary to support your claim.

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