401. When is a widow(er) entitled to widow(er)'s insurance benefits?

You are entitled to widow(er)'s insurance benefits on a worker's Social Security record if the following conditions are met:

  1. You are either (1) age 60 or over; or (2) at least age 50 but not age 60 and disabled (as defined in §515) and you meet the disability-related requirements in §513;

    NOTE: A widow(er) age 60-64 and under a disability is entitled to disabled widow(er)'s benefits for Medicare purposes.

  2. The worker died fully insured;

  3. You are not entitled to a retirement insurance benefit that is equal to or larger than the worker's primary insurance amount;

  4. You have filed an application for widow(er)'s insurance benefits (see §405 for exceptions and see §1511 for completing application forms);

  5. You are not married or your marriage can be disregarded (see § 406 for exceptions); and

  6. One of the following conditions is met:

    1. You were married to the deceased worker for at least the nine months just before the worker died (see §404 for exceptions);

    2. You are the mother or father of the worker's son or daughter (this requirement is met if a live child was born to you and the worker, even if the child did not survive);

    3. You legally adopted the worker's son or daughter during your marriage and before the child reached age 18;

    4. You were married to the worker when you both legally adopted a child under age 18;

    5. The worker legally adopted (as defined in §329) your son or daughter during your marriage and before the child reached age 18; or

    6. In the month before the month you married the deceased worker, you were entitled or potentially entitled to either (1) spouse's, widow(er)'s, parent's, or childhood disability benefits on the record of a fully insured individual under the Social Security Act; or (2) widow(er)'s, child's (age 18 or over), or parent's insurance annuity under the Railroad Retirement Act.

      NOTE: You are "potentially entitled" if you meet all requirements for entitlement, other than the filing of an application and attainment of the required age.

Last Revised: Feb. 4, 2008