Ask Larry

Any Ideas?

Husband on SSDI for 17 years. We been married over 25 yrs im told I may not can draw survivor or widow benefits cause I'm 59 and not been declared disabled. But I can file for them when I turn 60...and a 8 yr old grandchild has lived with us for 2 yrs.they said it would be up to case worker. Any ideas

Hi,

The only way that you could qualify for widow's benefits prior to age 60 is if you're disabled, or if you have an eligible child in your care. In order for your grandchild to qualify as an eligible child, he or she would need to qualify for child's benefits on your husband's account.

Grandchildren can only qualify for child benefits on the account of a grandparent if they are adopted by the grandparent, or if the child's natural or adoptive parents are both deceased or disabled (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0325.html). If your grandchild meets those requirements, then he or she could potentially qualify for child's benefits even while your husband is still living. Furthermore, if your grandchild qualifies for child benefits, you could potentially be eligible for child in care spousal benefits.

Best, Jerry

Posted: 
Sep 16 2020 - 2:57pm
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