Can You Collect Your Deceased Spouse’s Social Security and Your Own?

Social Security provides a financial safety net for millions of Americans, offering various types of benefits, including retirement, disability, and survivor benefits. When a spouse passes away, a common question arises regarding the ability to collect both their deceased spouse’s Social Security benefits and their own earned benefits. Understanding how these benefits interact is important for financial planning and ensuring eligible individuals receive the maximum support available. The Social Security Administration (SSA) has specific rules governing such situations.

Eligibility for Survivor Benefits

To qualify for Social Security survivor benefits, a surviving spouse must meet certain criteria established by the Social Security Administration. These requirements typically include specific marriage duration, age, and the deceased worker’s earnings history. The deceased spouse must have worked long enough and paid Social Security taxes to earn sufficient credits, generally 40 credits or approximately 10 years of work, to be fully insured. However, survivor benefits may be available even if the worker had fewer credits, such as 6 credits earned in the three years before death, particularly if there are minor children involved.

A surviving spouse can begin receiving benefits as early as age 60, or age 50 if they have a disability that began within seven years of the spouse’s death. There is no age requirement for a surviving spouse who is caring for the deceased worker’s child who is under age 16 or who has a disability. In such cases, the surviving spouse can receive 75% of the deceased worker’s basic benefit amount. The marriage must have lasted for at least nine months before the worker’s death, though exceptions exist for accidental deaths or deaths during military duty.

Remarriage can affect eligibility for survivor benefits. If a surviving spouse remarries before age 60 (or age 50 if disabled), they cannot receive benefits based on the former spouse’s record. However, if the remarriage occurs after age 60 (or age 50 if disabled), it will not prevent the surviving spouse from receiving benefits based on the deceased spouse’s work record. If a remarriage ends, eligibility for the former spouse’s survivor benefits may be reinstated.

Claiming Both Benefits

A common misconception is that an individual can collect two full Social Security checks: one based on their own work record and another as a surviving spouse. The Social Security Administration (SSA) does not permit the combination of two full benefits. Instead, if you are eligible for both your own retirement benefit and a survivor benefit, the SSA will pay you the higher of the two amounts.

Deemed filing means that when an individual applies for one type of Social Security benefit, they are automatically considered to have applied for any other benefits for which they are eligible, including spousal or survivor benefits. However, the deemed filing rule does not apply in the same way to survivor benefits as it does to spousal benefits. A surviving spouse has more flexibility.

A surviving spouse can claim survivor benefits first, potentially allowing their own retirement benefits to continue growing until a later age, up to age 70, before switching to their own higher benefit. This strategy can be advantageous if the survivor benefit is initially higher than their own retirement benefit, especially if their own benefit is still accumulating delayed retirement credits. If one’s own retirement benefit is higher, they would receive that amount, with the survivor benefit essentially topping it up if it were to exceed the individual’s own benefit. This flexibility allows individuals to strategically maximize their lifetime Social Security income.

Applying for Benefits

Applying for Social Security benefits involves specific steps and required documentation. While some Social Security applications can be completed online, survivor benefits typically require application by phone or in person at a local SSA office. It is often advisable to contact the SSA promptly after a death, as some claims may have retroactive benefit payments.

When applying, individuals will need to provide various documents to prove eligibility. Essential documents include proof of the deceased worker’s death, such as a death certificate, and the Social Security numbers of both the applicant and the deceased spouse. The applicant’s birth certificate and marriage certificate are also required to verify identity and marital status. If applicable, divorce papers may be needed for a surviving divorced spouse.

Additional documentation may include the deceased worker’s W-2 forms or federal self-employment tax returns for the most recent year, and the Social Security numbers and birth certificates of any dependent children. Although it is important to gather as many documents as possible, applicants should not delay applying if they do not have every item, as the SSA can assist in obtaining necessary information. After submitting the application, processing times can vary, ranging from several weeks to a few months for survivor benefits. The SSA will communicate decisions and details regarding benefit payments once the application is approved.