Social Security survivor benefits

Dear Liz: My boyfriend’s ex-wife passed away last year. Can he file for her Social Security benefits at age 48 even if she was remarried at time of her death?

Answer: The ex’s marital status doesn’t matter. What matters is whether or not your boyfriend was married to her for at least 10 years.

If the marriage lasted at least that long, then your boyfriend would be eligible for survivor benefits at age 60, assuming he hasn’t remarried by then. If he is disabled, he could apply at age 50. And if he is caring for his ex-wife’s children who are under 16 or disabled, then he can apply at any age.

Recipients of survivor benefits can marry at age 60 or later without losing those benefits. (Note that this marriage clause applies only to survivor benefits. People receiving spousal benefits based on a living ex’s work record cannot remarry without losing those benefits.)

Dear Liz: My grandson’s wife, 22, was killed in a motor vehicle accident just after her birthday. My grandson, 26, was left with a 2-year-old and 9-month-old. Due to COVID-19, he was staying home with the children, and she was working at a fast-food restaurant. We thought there would be Social Security survivor benefits, but he has been denied because she did not have 10 quarters of payroll. Is there an appeal for this denial? She was too young to have the required quarters.

Answer: Given her age, the family could be out of luck if she only recently started working. But there is a special rule that applies if she was working at jobs that paid into Social Security for at least a year and a half before her death.

With survivor benefits, the length of time someone needs to work typically varies according to age. To generate survivor benefits, the number of years you need to work at a job that pays into Social Security is — at most — 10 years. Each quarter of work typically generates one credit, and no more than 40 credits are needed. The younger someone is when they die, the fewer credits are needed. People, however, generally need at least six credits, and only credits earned after someone turns 22 count toward the total.

But there’s an exception. Survivor benefits can be paid if the worker earned at least six credits in the three years before death. So if your grandson’s wife worked at least 18 months before her terribly premature death, survivor benefits could be paid to her minor children and to the surviving spouse who is caring for them, said William Meyer, chief executive of Social Security Solutions, a claiming strategy site.

The benefits would be based on her earnings history, so the amounts are unlikely to be substantial, Meyer noted. Still, something would be better than nothing.

All Social Security decisions can be appealed. If your grandson already filed an application and was denied, the denial letter would explain his appeal rights, Meyer said. If he just received a verbal denial, he should go ahead and file a formal application to start the process. If his wife had earnings that might not yet have been reported, he can provide her last pay stubs or W-2 forms when filing the application.

“With there being a concern about her having enough qualifying quarters, as well as low earnings, that could be pretty important,” Meyer said.