The loss of a spouse is devastating, and the challenges can be even greater if the surviving partner is disabled or unable to work.
In such cases, the question of whether Social Security can help cover living expenses becomes critical.
Consider the case of Patricia, a 61-year-old widow who has been on disability for more than a decade due to a back injury. Before her injury, she was a stay-at-home mom and didn’t pay into Social Security. Now, with her husband recently deceased, she wonders whether she can collect survivor benefits — even though she never contributed to Social Security herself.
With no personal retirement benefits to rely on, Patricia faces a tight financial situation. So, can she collect benefits?
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Can you collect a late spouse’s benefits
Yes — survivor benefits are based on your late spouse’s work history, not your own. That means even if Patricia didn’t earn enough work credits to qualify for her own Social Security retirement benefits, she may still be entitled to survivor benefits.
To qualify for survivor benefits [1], you must:
- Be age 60 or older (or age 50–59 if you have a qualifying disability)
- Have been married for at least nine months before your spouse’s death
- Not have remarried before age 60 (or age 50 if you have a disability, as in Patricia’s case)
Being on disability does not prevent Patricia from receiving survivor benefits. However, she cannot receive two full Social Security benefits at the same time. The Social Security Administration (SSA) will generally pay whichever benefit is higher.
In Patricia’s case, because she’s 61, she meets the age requirement regardless of her disability status — as long as the marriage duration and remarriage rules are satisfied.
There are exceptions that may expand eligibility. For example:
- If you’re caring for your deceased spouse’s child who is under 16 or disabled, you may qualify at any age.
- Divorced spouses may also qualify for survivor benefits if the marriage lasted at least 10 years.
Keep in mind, survivor benefits are different from spousal benefits [2].
- Spousal benefits are paid while your spouse is still alive and are based on their work record. They typically max out at 50% of the spouse’s full retirement benefit.
- Survivor benefits are paid after your spouse’s death and can be as high as 100% of their benefit, depending on your age and other factors.
In short, spousal benefits supplement your spouse’s benefits while they’re alive; survivor benefits replace them after you’ve passed.
Read more: I’m almost 50 and have nothing saved for retirement — what now? Don’t panic. These 6 easy steps can help you turn things around
How to apply for survivor benefits if you’re on disability
Applying for Social Security benefits can feel overwhelming — especially while grieving. Here’s a step-by-step guide to help you through the process:
1. Gather required information
Before applying, collect the necessary documents. You’ll typically need:
- Your Social Security number
- Birth details (city, state, and country)
- Your work history for the past five years (if applicable)
- Marriage information (date, location, spouse’s Social Security number, date of birth)
- Direct deposit information for your bank account
2. Report the death to the SSA
In most cases, the funeral home reports the death to the SSA, but you should confirm that it has been done. You can also call SSA at 1-800-772-1213 to report the death. You may be eligible for a one-time $255 lump-sum death benefit [3].
3. Set up your my Social Security account
Creating a my Social Security account isn’t required, but it helps you track your benefits, view estimates, and manage direct deposit. You’ll need to verify your identity through ID.me or Login.gov to protect your information.
4. Apply for survivor benefits
Survivor benefits can’t be applied for online. Call 1-800-772-1213 to schedule a phone or in-person appointment, or visit your local SSA office. You must apply within two years of your spouse’s death to receive back payments, though late applications may still be accepted without retroactive benefits.
5. Follow up on the application
Keep copies of all submitted documents. Use your my Social Security account to track updates. Most approved claims begin paying benefits with 30 to 60 days of application.
If you’re disabled and haven’t paid into Social Security yourself, you may still qualify for survivor benefits based on your spouse’s work history. Visit SSA.gov or speak with an SSA representative to confirm your eligibility.
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Article sources
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[1]. Social Security Administration. “Who can get Survivor benefits?”
[2]. Military Officers Association of America. “Social Security 101: Understanding Spousal Benefits and Survivor Benefits”
[3]. Social Security Administration. “What to do when someone dies.”
This article originally appeared on Moneywise.com under the title: I’ve never contributed to Social Security — but now that my husband has died, am I entitled to his benefits?
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.