My husband of 9 years has just been told he has 6 - 12 months to live due to pancreatic cancer. We are desperately trying to put things in order through the emotion. I am a stay at home mom and am looking at how we are going to financially survive without him.
Here are my questions.
I will be 40 this year. We have been married 9 years - it will be 10 years on June 1st, 2012 - am I entitled to his SS benefits?
We have an 8 year old daughter - will she recieve survivor benefits?
We separated 4 years ago for a year. I had a child. So, he has a step-child who we have full custody of. Is he entitled to recieve survivor benefits?
Are the children's benefits split 50/50 or are they both awarded a benefit in a certain percentage of his SSI?
He can no longer work and plans to apply for disability. How will this impact the survivor benefits?
Thank you so much...
Survivor benefits for stepchildren and widows
First, your husband must have worked long enough to qualify for benefits. Generally, if he worked at least 10 years this should suffice.
You can qualify as a widow for survivor benefits at age 60 (50 if you're disabled). If you remarry before you reach age 60 (age 50 if disabled), you cannot receive benefits as a surviving spouse while you are married.
Generally, a person can qualify for widow's or widower's benefits if he or she was married to the deceased worker for at least nine months just before the worker died. But the length-of-marriage requirement is 10 years if you are divorced at time of passing.
You can qualify for survivor benefits as a care taker if you care for a child. If you are receiving benefits because you have a child in your care, the date your benefits will stop may be different than the child's.
If the child is not disabled, your benefits as a care taker will end when the youngest child turns 16.
Your child can get benefits if he or she is your biological child, adopted child or dependent stepchild. Children generally can receive survivor benefits thru age 18.
Within a family, a child may receive up to one-half of the parent's full retirement or disability benefit, or 75 percent of the deceased parent's basic Social Security benefit. However, there is a limit to the amount of money that can be paid to a family. The family maximum payment is determined as part of every Social Security benefit computation and can be from 150 to 180 percent of the parent's full benefit amount. If the total amount payable to all family members exceeds this limit, each person's benefit is reduced proportionately (except the parent's) until the total equals the maximum allowable amount.
'SSI' is intended for disabled or elderly folks with little income and assets under $3,000. I suspect 'SSI' is not a factor here.
Please contact the SSA directly for your situation.
Bless you all.
http://www.ssa.gov/survivorplan/otherthings3.htm
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/395
http://ssa.gov/pubs/10085.html