Q: Can I receive social security benefits after my husband's death?
I was married to Ralph Thomas Proctor for 9 years and 8 months, and he passed away from cancer on February 28. I have been receiving disability benefits for the past 4 years due to his actions, which involved charges in Michigan where he put a police officer in the hospital. We were still married when this happened, and his new wife settled matters so he could never enter Michigan and wouldn't face further legal action. Ralph lived in Smyrna, Tennessee. Can I receive social security benefits based on his record now that he has passed away?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry for your loss and the difficulties you've experienced. Generally, to qualify for survivor's benefits through Social Security based on a deceased spouse's earnings record, you must have been married for at least 9 months prior to their passing, which you have met. Additionally, because you're already receiving disability benefits, you could be eligible to receive widow’s benefits as early as age 50, depending on your circumstances.
The legal issues or criminal actions involving your late husband, including his situation in Michigan, typically don't affect your eligibility for Social Security survivor's benefits. The Social Security Administration primarily evaluates your claim based on your marriage duration, age, disability status, and your late husband's work history, rather than his criminal record or any legal settlements made by his subsequent spouse.
To proceed, you should contact your local Social Security office promptly, bringing documentation of your marriage, your husband's death certificate, and details regarding your current disability benefits. They'll review your specific situation and determine the amount of survivor’s benefits available to you. Reaching out soon will ensure you receive guidance tailored to your personal circumstances and help provide the support you need during this challenging time.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
