Q: I am a recent widow age 53. My husband was 58 when he passed away. We have an adult son age 28 who is autistic.
Our son draws ssi check for his disability. I have been in the home taking care of him since he was 3 years old. Can i draw my husbands social security now that he is gone?
A:
If your late husband worked long enough to be insured, you, as a widow, can receive benefits from your late husband's Social Security at full retirement age for survivors or reduced benefits as early as age 60. You may begin receiving benefits based on your husband's Social Security as early as age 50 if you are disabled and the disability started before or within seven years of your late husband's death.
Your son may may be eligible to receive benefits based on this late father's record since he had a disability that began before age 22. As an adult child already receiving SSI disability benefits, your son should check to see if benefits may be payable on his father's earnings record. Higher benefits might be payable and entitlement to Medicare may be possible.
In addition, a small one-time lump-sum death payment of $255 can be paid to you as the surviving spouse.
To report your husband's death to Social Security or apply for survivor benefits, call 1-800-772-1213 (TTY 1-800-325-0778).
It would be a good idea to consult with a disability attorney to discuss your particular circumstances since the rules in this area are complicated.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
