My husband passed away April 9, 2014 on April 10th I called the Boise, ID social security office to ask about receiving widow's benefits. At the time I was 63 years old they said I wasn't eligible for widow's benefits. In August 2016, I was in a social security office, in Minneapolis, MN to inquire about my own social security benefits and thought I would ask about the widow's benefits again, they gave me information about my own upcoming benefits but again when I inquired about widow's benefits they told me I wasn't eligible. Then on October 6, 2017 I had another appointment with the social security office this time in Boise, Idaho actually I was inquiring about my own benefits and they mentioned that I was eligible for widows benefits. I was shocked and asked why they didn't tell me that back in April, 2014 just after my husband had died when I had called in to inquire then. No explanation. Then I asked why they told me again at the Mpls SS office in August 2016 that I wasn't qualified for widow's benefits. No explanation. I feel that I should be paid past due widows benefits going back to April, 2014 with my husband's death date and my first inquiry. I also have witness' who will write on my behalf to acknowledge that I made these previous inquiries. How do I get the back payments due me?

Hi,

I'm sorry for your loss.

You don't mention whether or not you were still working when you spoke with Social Security in 2014 & 2016, so I don't know for sure whether or not you would be due any back pay. If you were still working and had earnings significantly in excess of the Social Security earnings test exempt amount it's possible that no benefits could have been paid to you, which could explain why you were told that you weren't entitled to benefits (https://www.ssa.gov/planners/retire/whileworking2.html).

In any case, though, if you weren't earning too much to be eligible for past benefits, you will likely need to establish to Social Security's satisfaction that you were misinformed by an official source. The rules regarding this regulation are covered in the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204008. You would certainly want to submit signed statements from your witnesses describing their knowledge of your previous contacts with Social Security as part of your corroborating evidence.

Whether or not you can or could have been paid sooner, you'll want to be sure that you choose the best possible filing strategy. Depending on your circumstances, it may be best for you to a) file for reduced retirement benefits on your own record first and then file for unreduced widow's benefits at your full retirement age, or b) file for widow's benefits first and switch to your own record at age 70. You may want to consider using the maximization software available on this website in order to determine your best possible filing strategy before you proceed with your Social Security claim.

Best, Jerry