Please help me. My husband died in my arms after taking a massive coronary 3 weeks after being married. He had no heart issues . I have been told for 18 yrs by people that I cannot collect his SS because it was not an accidental death until I just read this article. My husband was on a stage sing "I did it my way"..,He complained of very bad heartburn and he needed to get home and take his heart burn medication. We went home he took his heartburn medication..got sick..came into the bedroom fell on the bed ..took 3 last breathes and he was gone. .EMRs came and couldn't even get him back. He was pronounced dead at the hospital. Is there anything I can do to collect his SS..please help me. This man was my soulmate and my life has never been the same
Hi. I'm sorry for your loss. You must normally have been married for at least 9 months to potentially qualify for widow's benefits, however, it sounds like an argument could be made for calling your husband's death accidental. Widow's can potentially qualify for benefits based on an accidental death regardless of the length of marriage. An unexpected heart attack brought on by moderate exertion can be classified as an accidental death for purposes of meeting the requirements for Social Security widow's benefits per the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305105.
In addition to meeting the marriage requirement, though, you must also meet the other requirements to actually be eligible for widow's benefits. For example, you must be at least age 60, or at least age 50 and disabled, to potentially qualify. And, you must be unmarried unless your current marriage occurred when you were age 60 or older (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html).
Most importantly, you can't qualify for widow's benefits unless you apply for them. If Social Security disallows your claim you would then have appeal rights. You can make an appointment to apply for widow's benefits by calling Social Security at 800-772-1213.
Best, Jerry
