Ask Larry

Can I File A Claim On My Husband's Behalf?

My husband is 73 and does not want to file for Social Security benefits, and I don't know why. Is it possible for me to file for the benefits in his behalf or for myself?

Hi,

You could only file for benefits on behalf of your husband if he is a) legally incompetent, b) mentally unable to understand what filing for benefits means, or c) physically unable to file. For more detailed information on this subject, refer to Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204003.

Unfortunately, you couldn't qualify for spousal benefits on your husband's record unless he becomes entitled to his benefits, although you could potentially get widow's benefits even if he never files. Only divorced spouses can become eligible for benefits on the record of a living spouse who isn't yet entitled to benefits.

Best, Jerry

Posted: 
Aug 15 2017 - 6:23am
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