Q&A: Why this widow can’t get her late husband’s Social Security benefit

Dear Liz: My husband passed away 10 years ago at age 66. I called then to see if I could collect Social Security, because he was receiving benefits when he died. Our daughter was still a minor, so she was able to collect survivor benefits until she turned 18. I was told I couldn’t collect benefits as I made too much money. (I asked what too much money was and they said around $14,000 annually.)

I am now thinking about retiring at age 66 or 67. I am a mid-career public school teacher, so I’ve been told the “windfall elimination provision” will wipe out my Social Security benefit. I had my own business and worked previously but am told I can’t receive the Social Security benefits that my husband earned, nor will I most likely receive much, if anything, from the Social Security contributions I made. My friends tell me this can’t possibly be right.

Answer: The information you received about Social Security was generally entirely correct.

Let’s start with the windfall elimination provision. If you receive a pension from a job that didn’t pay into Social Security, any Social Security benefit you get may be reduced but not eliminated. You can read more about how the windfall elimination provision works and why it was created at the Social Security Administration website, www.ssa.gov.

A related provision, the government pension offset, can wipe out any spousal or survivor benefit you might have otherwise received.

Before those provisions were enacted, people who had generous government pensions from jobs that didn’t pay into Social Security could get the same or larger benefits than people who had paid into the system throughout their lives. Critics of the provisions, however, say they can leave some low-wage government workers worse off.

Another provision that can reduce or wipe out Social Security benefits is called the earnings test. Before full retirement age, which is currently 66, any Social Security check you receive would be reduced by $1 for every $2 you earn over a certain amount ($17,640 in 2019). The amount was $14,100 from 2009 to 2011 and $14,640 in 2012, so that may have been why you remember the number $14,000.

So technically, you may have been eligible for a survivor’s benefit. Widows and widowers are eligible for survivor’s benefits starting at age 60, or age 50 if they’re disabled, or at any age if they’re caring for the dead person’s child who is under 16 or disabled. But it sounds as if any benefit you received would have been wiped out because of the earnings test.

Your situation is a perfect example of how complicated Social Security can get and how hard it can be to navigate the system without expert help. But even people with more straightforward situations can benefit from advice about how and when to file for benefits. Two of the better do-it-yourself options include Maximize My Social Security ($40) and Social Security Solutions ($19.95 for a basic version or $49.95 for one that allows you to compare scenarios). Or you can consult with a fee-only financial planner who has access to similar software and who can give you personalized advice.

Comments

  1. June W Lovell says

    Thanks again, I’m sorry this information is not more commonly known: my Mom worked for SSAdmin years ago (they didn’t pay into it at the time, either), so I knew my employment with the US Government, California Community College and as a Deputy Sheriff would cause complications at pension time. My biggest worry, however, is that I was not allowed to contribute to Medicare after a change in statute, possibly because of my age. I’m very lucky to be able to draw Medicare because of my late husband’s contributions although I’ll never receive a SS pension or survivor’s benefit.