Understanding Widow’s or Widower’s Benefits Entitlement, § 404.335

In this blog post, we’ll discuss the eligibility criteria for widow’s or widower’s benefits as per § 404.335.

These benefits are available to the surviving spouse of a person who died fully insured. To be entitled to these benefits, you must meet the requirements outlined in paragraphs (a) through (e) of this section.

Eligibility Criteria:

To qualify for widow’s or widower’s benefits, you must meet the following conditions:

(a) Relationship requirements: Your relationship with the deceased must meet the criteria outlined in §§ 404.345 through 404.346 and fulfill one of the conditions in paragraphs (a)(1) through (4).

(b) Application: You must apply for benefits, unless you meet one of the exceptions in paragraphs (b)(1) through (4).

(c) Age or disability: You must be at least 60 years old, or at least 50 years old with a disability as defined in § 404.1505, meeting additional conditions in paragraphs (c)(1) through (4).

(d) Old-age benefits: Your old-age benefit should not be equal to or larger than the insured person’s primary insurance amount.

(e) Marital status: You must be unmarried, unless you meet one of the exceptions in paragraphs (e)(1) through (3).

Example: Let’s consider Jane, whose husband, John, recently passed away. John was fully insured under Social Security at the time of his death. Jane wants to apply for widow’s benefits and needs to determine if she is eligible based on the criteria outlined in paragraphs (a) through (e) of § 404.335.

1. Relationship Requirements (Paragraph a): Jane and John were married for 15 years before John’s death, which satisfies the requirement in paragraph (a)(1).
2. Application (Paragraph b): Jane must apply for widow’s benefits, as she does not meet any of the exceptions in paragraphs (b)(1) through (4).
3. Age or Disability (Paragraph c): Jane is 62 years old, which meets the age requirement of being at least 60 years old.
4. Old-Age Benefits (Paragraph d): Jane is not entitled to an old-age benefit that is equal to or larger than John’s primary insurance amount.
5. Marital Status (Paragraph e): Jane has not remarried since John’s death, so she is considered unmarried and meets this requirement.

Conclusion: Navigating the eligibility criteria for widow’s or widower’s benefits can be complex. However, understanding the various conditions outlined in § 404.335 can help ensure you receive the benefits you’re entitled to. If you meet the requirements specified in paragraphs (a) through (e) of this section, you may be eligible for widow’s or widower’s benefits as the surviving spouse of a person who died fully insured.

https://www.ssa.gov/OP_Home/cfr20/404/404-0335.htm