Navigating the Social Security system can be overwhelming, especially when trying to understand entitlement to widow’s and widower’s benefits. This blog post aims to simplify the information from § 404.337, shedding light on when entitlement to these benefits starts and ends.
When does my entitlement to widow’s and widower’s benefits start?
According to § 404.337(a), your entitlement to widow’s or widower’s benefits begins with the first month covered by your application in which you meet all other requirements for entitlement under § 404.335 or § 404.336.
When does my entitlement to widow’s and widower’s benefits end?
Your entitlement to widow’s or widower’s benefits ends at the earliest of the following times, as stated in § 404.337(b):
- The month before you become entitled to an old-age benefit equal to or larger than the insured’s primary insurance amount.
- The second month after your disability ends, or the month before your termination month as described in § 404.325.
- If drug addiction or alcoholism contributes to your disability determination, your entitlement ends after specific suspension or benefit periods, unless you are otherwise disabled without considering drug addiction or alcoholism.
- The month before you pass away.
Continuation of benefits after disability ends:
Under certain conditions, as described in § 404.337(c), your benefits may continue after your impairment is no longer disabling. These conditions involve participation in an appropriate program of vocational rehabilitation services, employment services, or other support services.
Stopping benefits:
Benefits generally stop at the earliest of the following months, as outlined in § 404.337(c)(2):
- The month you complete the program.
- The month you stop participating in the program for any reason.
- The month it’s determined that continuing participation in the program will no longer increase the likelihood of staying off the disability benefit rolls.
Reentitlement period and trial work period:
If you have a disabling impairment after November 1980, § 404.337(d) states that benefits will be paid for all months in which you don’t engage in substantial gainful activity during the reentitlement period following your trial work period. Benefits are also paid for the first month after the trial work period in which you engage in substantial gainful activity and the two succeeding months, regardless of your activity during those months. After those three months, benefits won’t be paid for any months in which you engage in substantial gainful activity.
To help illustrate the information provided in our previous post about widow’s and widower’s benefits entitlement start and end dates, let’s consider a fictional example:
Meet Jane, a 58-year-old widow. Her spouse, John, was the primary earner and was covered under Social Security. Jane is now seeking widow’s benefits. Here’s how her entitlement journey unfolds, based on the rules outlined in § 404.337.
Entitlement Start:
Jane submits her application for widow’s benefits in June. She meets all the necessary requirements under § 404.335, so her entitlement begins in June, the first month covered by her application.
Disability and Participation in a Rehabilitation Program:
In October, Jane suffers a disabling injury and can no longer work. Her widow’s benefits continue, as her disability affects her ability to earn an income. In January, Jane starts participating in a vocational rehabilitation program to help her return to the workforce. The program is expected to last six months.
Entitlement Continuation:
Jane’s disability is no longer considered disabling in April. However, her benefits continue because she is participating in the vocational rehabilitation program, as described in § 404.337(c).
Entitlement End:
In July, Jane completes her rehabilitation program and finds a new job. Her benefits stop in August, as per § 404.337(c)(2)(i), since she completed the program in July.
Conclusion: Understanding when your entitlement to widow’s and widower’s benefits starts and ends is crucial for financial planning. By familiarizing yourself with the guidelines in § 404.337, you can make informed decisions about your entitlement and the benefits you may receive.
https://www.ssa.gov/OP_Home/cfr20/404/404-0337.htm