SS Survivor Benefits Questions

[Trooper]

My little sister (DS) has been battling a rare and aggressive form of cancer and her oncologist has recently recommended taking her off the cancer drug and placing her in hospice. She has on the order of weeks left [emoji17].

DS is 61 and has lived with her soul mate for the past 12 years. Last December they got married, mainly to formalize health care decision-making processes.* He (BIL) will be 65 in April and has taken an FMLA to care for DS.

I have been helping him research Social Security benefits available to him, but could use a little help in the area of Survivor Benefits.* Is BIL entitled to survivor benefits, even though DS has not turned 62?* When should BIL claim benefits in order to maximize them? Does his FRA matter?* I'm not 100% sure, but I believe DS' benefits would be greater than BIL's, just based on work history. Does the fact that they have been legally married only a few months impact his claim on DS' benefits?

Thanks for any help/advice.

 

[RetiredAt55.5]

Here's a good article from the opensocialsecurity website that will answer some of your questions.

https://articles.opensocialsecurity.com/survivor-benefit-calculation/

 

[pacergal]

I am so sorry for your DS diagnosis.

Perhaps calling your local SS office may help with your questions, also.

 

[Telly]

IIRC, a couple has to be married at least a year to be eligible for spousal benefits. Recommend spending some time on SSA.gov and using the search tool to confirm/deny.

 

[MissMolly]

Must be married for one year https://faq.ssa.gov/en-us/Topic/article/KA-01999#:~:text=What%20are%20the%20marriage%20requirements%20to%20receive%20Social%20Security%20spouse%27s%20benefits%3F&text=Generally%2C%20you%20must%20be%20married,year%20rule%20does%20not%20apply.

Can apply for survivor benefits as early as age 60, but it will be a reduced amount. Once the surviving spouse has reached their full retirement age, they are entitled to the full amount. https://www.ssa.gov/benefits/survivors/

I'm very sorry for your sister.

 

[Telly]

Thanks for the confirmation MissMolly.
But that triggered a memory of something odd I think I read in a book I have: Get What's Yours the book about SS by Kotlikoff, Moeller and Solman. Looked and found it on page 182: "any widow or widower married for more than 9 months is eligible to receive survivor benefits keyed to the Social Security earnings record of their late spouse".

Also found this that mentions same, but not an official source:
https://www.socialsecurityintellige...xceptions-to-the-marriage-length-requirement/

Alas, whether 9 months or a year, sounds like a bridge too far

 

[Romer]

Does Common law marriage work? If they have been together for 12 years, that may be something a Lawyer could help with

 

[Trooper]

Does Common law marriage work? If they have been together for 12 years, that may be something a Lawyer could help with

Thanks everyone.

I thought about common law, but I know that CT (where DS lives) is not a common law state.

I found this, which identifies a few exceptions to the 9-month rule. Unfortunately none apply.

https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0404.html