Ask Liz Weston

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Social Security

Q&A: Her dead ex’s kids can’t dictate benefits

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Dear Liz: My husband and I were living apart but not legally separated when he passed away. He was receiving disability benefits. His children, who are grown, tell me I am not eligible for widow or survivor benefits and that only they can collect his benefits. I am disabled myself and 51. Do their claims hold any weight? Could he have removed me as a recipient?

Answer: No and no. The children are wrong, not just about your eligibility for benefits but also about their own. Social Security survivor benefits typically aren’t available to children over 18, but they are available to widows and widowers starting at age 60, or starting at 50 if the spouse is disabled.

As long as you weren’t divorced, you would be eligible for survivor benefits. And if you had divorced, you could still be eligible for survivor benefits if the marriage lasted at least 10 years.

You can call the Social Security toll-free number at (800) 772-1213 for more information.

Q&A: A young widow seeks help with Social Security survivor benefits

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Dear Liz: My husband died at 30, making me a widow at 29. I did receive Social Security survivor benefits for our underage children, but what, if anything, am I entitled to as his wife? At the time of his death, we were living separately, although we were still legally married.

Answer: The earliest a widow or widower can get survivor benefits is typically age 60, unless they are disabled, when survivor benefits can begin at 50. Starting benefits before their own full retirement age of 66 to 67 means accepting a reduced payment, but widows and widowers have the option of switching to their own retirement benefit later. (Retirement benefits begin at a reduced amount at age 62 and reach their maximum at age 70.)

Like other Social Security benefits, survivor benefits also are subject to the earnings test if you start them before full retirement age. The earnings test reduces your benefit by $1 for every $2 you earn over a certain amount, which in 2020 is $18,240.

You mentioned receiving survivor benefits for your children, but you probably also received benefits then. A spouse caring for the children of a deceased worker is entitled to survivor benefits until the youngest of those children turns 16. (A child’s survivor benefits can continue until age 18, or 19 if the child is still in high school, or indefinitely if they are disabled and the disability began before age 22.) Each family member can receive up to 75% of the deceased worker’s benefit, but there’s a maximum any household can receive based on one worker’s earnings record. The limit varies but is generally 150% to 180% of the worker’s benefit.

If you had been divorced rather than separated when he died, you would still have been entitled to survivor benefits as the caretaker of underage children, no matter how long the marriage lasted. You would only receive regular survivor benefits at 60, however, if your marriage had lasted at least 10 years.

Q&A: Older parents and retirement: What about child benefits?

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Dear Liz: I am trying to decide whether to take Social Security at my full retirement age (66 years and four months) or wait and take it at 70. I am 64 and have two children, 13 and 11. My older child could get the child benefit for 24 months while my younger one would receive it for 41 months. Currently I am scheduled to receive about $2,600 a month at full retirement age or $3,500 at 70. My family maximum is $4,668 per month. I am having a hard time finding out what each dependent would earn monthly. Also, when my older child turns 18, does my younger child’s payment increase?

Answer: Starting Social Security earlier than age 70 means giving up the delayed retirement credits that otherwise would boost your checks for the rest of your life, and potentially those of a surviving spouse. As mentioned in an earlier column, though, child benefits complicate the math that typically favors waiting to claim Social Security.

Once you start your own Social Security benefit, each eligible child could get an amount up to 50% of your benefit. Eligible children are those who are unmarried and younger than 18, or under 19 if they’re still in high school, or 18 or older with a disability that began before age 22.

There’s a maximum a family can receive based on one worker’s earning record, however. The family maximum is 150% to 180% of the worker’s benefit. If your family’s total benefit would exceed that maximum, the children’s checks would be reduced, but yours would stay the same.

If you were receiving $2,600 a month, and your family maximum is $4,668, your children would split the remaining $2,068 and get $1,034 apiece. Once your older child is no longer eligible, your younger child’s benefit would increase to equal 50% of what you receive ($1,300, plus any cost of living adjustments).

If you were to start your benefit now, before your full retirement age, these checks would be subject to the earnings test that reduces the benefit by $1 for every $2 earned over a certain limit, which is $18,240 in 2020. The earnings test doesn’t apply after full retirement age.

Free Social Security claiming calculators typically don’t include child benefits as a variable, so you’d be wise to invest $20 to $50 in a more sophisticated calculator, such as Maximize My Social Security or Social Security Solutions.

Q&A: Survivor benefits and remarriage

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Dear Liz: Regarding your recent advice to the person whose husband had just died. I could be completely wrong, but I think that in order to collect her late husband’s benefits when she turns 60, she can’t remarry.

Answer: You’re right that you’re wrong, but your confusion is understandable.

There are different types of Social Security benefits that people can receive based on the earnings of a spouse or ex-spouse. People whose spouses or ex-spouses have died may collect survivor benefits. Those benefits can continue if the survivor remarries at 60 or later.

The other type of benefit is a spousal benefit, which is based on a living person’s earnings record and which may be available to current spouses as well as ex-spouses. Someone who is divorced and receiving spousal benefits based on an ex’s earning record will lose those benefits if they remarry at any age.

Q&A: Social Security earning years matter

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Dear Liz: In a recent column, you wrote that Social Security’s estimates of the dollar amount one will receive at various ages — 62, full retirement age of 66 to 67, or 70 — assumes one continues working until one applies. Therefore, one won’t receive the amount posted at full retirement age if one had stopped working at, say, age 62. Aren’t people’s benefits based on their top 35 earning years?

Answer: Yes, which is why I wrote that the benefit may be lower. Social Security assumes you’ll keep earning the same amount you are now. Those assumed future earnings could be high enough to replace one or more of your previous 35 highest-earning years. If that’s the case, your estimated benefit could be somewhat larger than the one you actually receive if you stop work early.

Q&A: Social Security survivor benefits

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Dear Liz: My husband passed away at age 59 last year. He was sick and unable to work the last four years of his life. I will be 56 in October. My understanding is I will not be able to draw his Social Security benefits until I am age 60. Is this correct? I struggle financially and need that money now. Also, could he have drawn his Social Security benefits before he turned 60 since he was unable to work?

Answer: Your husband could not draw retirement benefits before age 62, but he may have been a candidate for Social Security Disability Income or Supplemental Security Income if his condition was severe enough to prevent him from working. SSDI is available to people who have worked long enough to be “insured,” which generally means 10 years in jobs that pay into Social Security. SSI is intended for aged, blind and disabled people with low incomes and few assets.

You won’t be eligible for survivor benefits until you’re 60. If you’re struggling, please visit Benefits.gov to see if you’re eligible for other government programs. You also can call 211 or visit 211.org to see what resources in your community may be available to help you.