Can I Receive My Deceased Husband's Social Security Benefits?

Full question:

my husband died on dec 24,2010. he collected spcial security and a state pension of 1.000 which stopped when he died. i collect from the state 2300 per mo as a state retirement. am i eligible to collect his social security. also his social security check goes into direct deposit tomorrow do i keep it or return it?

• Category: Social Security
• Date: 04/07/2025
• State: Massachusetts

Answer:

A widow may be able to receive full benefits at full retirement age. The full retirement age for survivors is age 66 for people born in 1945-1956 and will gradually increase to age 67 for people born in 1962 or later. Reduced widow benefits can be received as early as age 60. If you are disabled, benefits can begin as early as age 50.

A widow can receive benefits at any age if you take care of your child who is receiving Social Security benefits and younger than age 16 or disabled.

Whether or not need to return the check that was direct deposited will depend on all the facts involved, such as the dates it was issued to cover. You may get assistance for determining the amount of benefits you are eligible to receive by calling the SSA at the following number:

1-800-772-1213

Please see the information at the following links:

http://www.socialsecurity.gov/pubs/10084.html
http://www.socialsecurity.gov/pubs/10077.html
http://www.socialsecurity.gov/survivorplan/ifyou.htm

If you receive a pension from a federal, state or local government based on work where you did not pay Social Security taxes, your Social Security spouse’s or widow’s or widower’s benefits may be reduced.

Your Social Security benefits will be reduced by two-thirds of your government pension. In other words, if you get a monthly civil service pension of $600, two-thirds of that, or $400, must be deducted from your Social Security benefits. For example, if you are eligible for a $500 spouse’s, widow’s or widower’s benefit from Social Security, you will receive $100 per month from Social Security ($500 – $400 = $100).

If you take your government pension annuity in a lump sum, Social Security still will calculate the reduction as if you chose to get monthly benefit payments from your government work.

The offset applies only to Social Security benefits as a spouse or widow or widower. However, your own benefits may be reduced because of another provision of the law. For example, if you work for an employer who does not withhold Social Security taxes from your salary, such as a government agency or an employer in another country, the pension you get based on that work may reduce your Social Security benefits.

For more information, see:

http://www.ssa.gov/pubs/10045.html