my husband filed for disability benefits but not sure if he filed for retirement benefits he was 62 and filed in august of this year. he was approved for his disability benefit quickly due to his dx being on the list of compassionate approval but passed away during his 5 months waiting period. Is he entitled to his retirement benefit for being 62 and would I as spouse get that benefit in full for the 4 months that he was waiting to hear on the disability claim being approved. Someone told him not to file for his normal retirement but apply for the disability instead as it would be a higher amount - he didn't know there was a five months waiting period until he got the approval letter

Hi,

I'm sorry for your loss.

If your husband filed for retirement benefits and died before receiving benefits to which he was entitled, then those benefits could normally be paid to you as an underpayment. The first month for which he could have been paid retirement benefits was his month of filing, and only if he was already at least age 62 at the start of that month. And, the last month for which he could have been paid would have been the month prior to his month of death. However, you could not claim those benefits if your husband didn't apply for them.

By the way, there is a potential downside if your husband did file for reduced retirement benefits in that it would limit your widow's benefit rate to the higher of a) his reduced retirement rate, or b) 82.5% of his full retirement age rate (PIA). But if your husband didn't file for reduced retirement, you would be able to receive 100% of his PIA if you wait until your full retirement age to apply for widow's benefits.

You may want to consider using the maximization software available on this website to explore your filing options and determine your best strategy.

Best, Jerry