Are you a surviving spouse wondering if you are entitled to mother’s or father’s benefits on the earnings record of your deceased spouse? § 404.339

The answer lies in the conditions set forth in § 404.339 of the Social Security Act.

First and foremost, you must be the widow or widower of the insured and meet the conditions described in § 404.335(a). This means that you must have been married to the deceased for at least nine months prior to their passing, or that the death was the result of an accident or military service. Additionally, you must be at least 60 years old, or at least 50 years old and disabled, in order to receive these benefits.

Next, you must apply for these benefits or have been entitled to wife’s benefits for the month before the insured died. It’s important to note that you must be unmarried and not entitled to widow’s or widower’s benefits, or an old-age benefit that is equal to or larger than the full mother’s or father’s benefit.

Finally, you must have the insured’s child in your care who is entitled to child’s benefits and is either under 16 years old or disabled. Sections 404.348 and 404.349 describe the criteria for when a child is considered to be in your care.

Example: let’s say that Sarah’s husband passed away and had been fully insured under the Social Security Act. Sarah is 55 years old and has been married to her husband for 20 years. They have a 14-year-old child together who is entitled to child’s benefits.

Sarah would be eligible for mother’s benefits on her deceased husband’s earnings record if she meets the following conditions:

• She meets the conditions described in § 404.335(a), which includes being married to her husband for at least nine months prior to his passing and being at least 50 years old and disabled, or at least 60 years old.
• She applies for these benefits or was entitled to wife’s benefits for the month before her husband passed away.
• She is unmarried.
• She is not entitled to widow’s benefits or an old-age benefit that is equal to or larger than the full mother’s benefit.
• She has her deceased husband’s child in her care who is entitled to child’s benefits and is either under 16 years old or disabled.

If Sarah meets all of these conditions, she would be entitled to receive mother’s benefits on her deceased husband’s earnings record. However, if she were already receiving widow’s benefits or an old-age benefit that is equal to or larger than the full mother’s benefit, she would not be eligible for mother’s benefits.

In summary, if you are a surviving spouse and meet the requirements outlined in § 404.339, you may be entitled to mother’s or father’s benefits on the earnings record of your deceased spouse. Be sure to carefully review the conditions and speak with a Social Security representative to determine your eligibility and receive the benefits you are entitled to.

https://www.ssa.gov/OP_Home/cfr20/404/404-0339.htm