I applied for widow's benefits and was told I didn't qualify. Reasons #1 We must have been married under the laws of California when he died and I will still living with him when he died. or, #2 the ceremony that We went through was, a legal marriage and,I have the same rights as a spouse to inherit under the laws of California. And then it goes to say the facts that they have do not show that any of these requirements is met. We never divorced, but were separated. He lived in California were he died and I for the past 6 years in Las Vegas. I have marriage certificate and waiting for death certificate. I had to apply for amended death certificate. Now I need to appeal SSA decision. What's the best avenue for me to take?

Hi. If you were legally married to your deceased spouse then you wouldn't need to have been living with him to potentially qualify for widow's benefits. The only benefit that requires living together is the $255 lump sum death benefit. The full requirements for widow's benefits are listed in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html. As long as you meet those requirements, then I don't know why Social Security would have disallowed your claim.

It sounds like filing an appeal is probably your best option, and you can find the instructions for doing so on the following Social Security website: https://www.ssa.gov/apply/appeal-decision-we-made.

I'm not familiar with the California state laws on non-marital domestic relationships, so if you had something other than a traditional marriage then I can't tell you whether or not you're eligible for widow's benefits.

Best, Jerry