Legal Question in Family Law in Oregon

Can father recieve mothers Social Sec benifit since she passed away?

My Mom died July 2007 she and my father had been married 49 years. Can Dad recieve her Social security benifits now or is all he is entitled to is the $200.00 death check? Is it true that if the woman dies first the man gets nothing but if the man dies first the woman gets his benifits?? This seems like discrimination to me.


Asked on 9/08/08, 10:46 am

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Can father recieve mothers Social Sec benifit since she passed away?

Dad can receive monthly Soc. Security "widower's" benefits based on Mom's earnings track-record

d if the following conditions are met:

1. Dad is either (a) age 60 or over; or (b) at least age 50 but not age 60 and disabled;

2. Dad is not otherwise entitled to a retirement insurance benefit (on his own earnings track-record) that is equal to or larger than Mom's primary Soc. Sec. insurance amount.

See:

http://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-toc04.html


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Answered on 9/08/08, 3:15 pm


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