My husband recently passed away, he was receiving ssi (disability) benefits. His was $840 and his daughters $298. They sent a letter saying hers would now be $698. I was never put on his ssi because not legally married . Now listed on his will as wife. I made $29,000 last year and 58 years old. Would I qualify for benefits or should I just leave it alone and let his daughter collect. (She lives with me) I will be her legal guardian)

Hi,

I'm sorry for your loss.

Regardless of how you are referred to in the will, you can't get widow's or child in care benefits unless you were legally married. If there was no marriage ceremony, probably the only way that you could qualify for benefits on the deceased's record is if your marriage was recognized as a common law marriage. For more information on common law marriages, refer to Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075.

Even if you did qualify, though, your current earnings level would likely cause most or all of your benefits to be withheld due to Social Security's earnings test (https://www.ssa.gov/planners/retire/whileworking2.html).

Best, Jerry