Eligibility for Widower Benefits After Remarriage

A new case has come to my attention where the ex-wife of over 10 years died. The ex-husband has remarried but remarried after age 60. He went to SSA to file on the ex-wife’s record (widower benefits) and was denied.

• Married over 10 years
• Divorced more than 2 years (not an issue-MDK)
• Remarried after age 60
• Has not filed on his own record
  

He’s good to file on her record, correct?

Yes, he is eligible to file for widower benefits on his ex-wife's record, even though he has remarried. Social Security rules allow individuals to claim survivor benefits on an ex-spouse's record if they meet specific criteria. Here’s how the situation breaks down:

1. Duration of Marriage: He was married to his ex-wife for over 10 years, which meets the minimum requirement for claiming benefits on an ex-spouse’s record.

2. Divorce Period: The couple has been divorced for more than 2 years. This is important because if the divorce had been recent, there could have been a waiting period before eligibility.

3. Remarriage After Age 60: He remarried after turning 60. According to Social Security regulations, if you remarry after age 60 (or age 50 if you are disabled), you can still claim survivor benefits based on a previous marriage. This is a key factor that keeps him eligible despite his current marital status.

4. No Filing on His Own Record: Since he has not yet filed for Social Security benefits on his own work record, he retains the option to file for widower benefits first, allowing him to delay his own retirement benefits to earn delayed retirement credits.

Given these points, he meets all the necessary criteria to receive widower benefits based on his ex-wife’s record. The denial he received from the Social Security Administration (SSA) appears to be a mistake. He should promptly appeal this decision, providing any necessary documentation to support his claim. The appeals process can be initiated by contacting the SSA, and it’s advisable to request a hearing before an administrative law judge if the initial appeal is denied.

In some cases, a representative at SSA might misinterpret the rules, especially when it comes to complex scenarios like remarriage and survivor benefits. It’s crucial to ensure that the SSA reviews the specific circumstances of his case against their guidelines. An appeal not only provides an opportunity to correct the error but also to potentially expedite the receipt of benefits to which he is rightfully entitled.

The content on this blog is for informational purposes only and is not legal, financial, or professional advice. Social Security rules change periodically, so some information may become outdated. For the most accurate advice, consult a certified National Social Security Advisor (NSSA®). Social Security Professionals, LLC, and NSSA® are not responsible for any errors, omissions, or actions taken based on this blog's content. Use of this blog does not create a client relationship, and all information is provided "as is" without guarantees. By using this blog, you agree to hold Social Security Professionals, LLC, and NSSA® harmless from any claims or liabilities arising from its content. For personalized guidance, contact an NSSA® professional.