Ask Larry

Can You Get Widow's Benefits If You Were Only Married Two Months?

Can you get spouses widow benefits if you were only married 2 months if he died of unexpected unknown natural causes?
I was denied my second husband benefits. Which is almost 1000 more a month than my first husband,

Hi. I'm sorry for your loss. You can potentially qualify for widow's benefits based on a marriage that lasted less than 9 months if you either had a child in common with the deceased (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html), or if the deceased's death was 'accidental'. Other less common exceptions to the 9 month duration requirement for widow's benefits are explained in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0404.html.

Social Security defines an accidental death as one "resulting directly from bodily injuries, independent of all other causes, which were received solely by violent, external and accidental means". However, one example of an accidental death cited in Social Security's operations manual is "an unexpected heart attack occurs during moderate exertion". So, the definition of 'accidental death' can sometimes be a matter of judgment.

In any case, if you've applied for widow's benefits and if your claim was disallowed, then if you disagree with the decision you would probably want to file an appeal with Social Security (https://www.ssa.gov/pubs/EN-05-10058.pdf).

Best, Jerry

Category: 
Posted: 
Oct 19 2022 - 5:26pm
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