Ask Larry

Can I Collect My Spouse's SSI If She Dies?

My partner (gaycouple) & I will be married this year. She will be 51yrs.old this year & collecting SSI Disability she doesn't have much time. I'm 38yrs.old can I collect her SSI & at what age? Can I still work?

Hi,

If your spouse is drawing SSI (Supplemental Security Income), then the answer is no. SSI is a needs based benefit with no auxiliary or survivor benefits involved.

However, if your spouse is receiving Social Security disability (SSDI) benefits, then you could potentially become eligible for widow(er)'s benefits. In order to qualify, you would likely need to have been married for at least 9 months, and you would have to be at least age 60 or age 50 and disabled. And, an earnings test could apply until you reach full retirement age (https://www.ssa.gov/planners/retire/whileworking2.html).

Best, Jerry

Posted: 
Oct 6 2017 - 7:08am
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