My brother passed on 5/2/20 of colo-rectal cancer and possibly covid-19. He was receiving SS disability. His widow contacted SS re widow's benefits and was advised she made too much income. Is this true? She is under 60 and employed.

Hi,

I'm sorry for your loss.

First of all, a person can't qualify for widow's benefits prior to age 60 unless they're disabled or if they have a child in their care who qualifies for benefits on the deceased worker's record and who is either under age 16 or disabled.

Also, if a widow claims benefits prior to their full retirement age (FRA), their benefit rate would be reduced for age and their benefits could be partially or fully withheld if they earn too much. For example, if a widow claimed benefits at age 60 in 2020, $1 of their benefits would need to be withheld for each $2 that their earnings exceed $18,240. So, depending on their benefit rate and how much they earn, they may not be able to actually be paid any benefits.

It sounds like your sister-in-law's best strategy for claiming benefits would likely be one of the following:
1) File for reduced widow's benefits at age 60 or as soon as her earnings will permit at least some benefits to be paid, then switch to her own record at age 70; or,
2) File for reduced retirement benefits on her own record at age 62 or as soon as her earnings will permit at least some benefits to be paid, then file for unreduced widow's benefits at her full retirement age (FRA).

Normally, a widow would want to start out drawing the lower benefit first and then switch to the higher benefit when it reaches it's highest potential rate. Our software (https://maximizemysocialsecurity.com/purchase) could help sort all of this out for your sister-in-law so that she can determine the best strategy for maximizing her benefits.

Best, Jerry