Legal Question in Social Security Law in Oregon

Widowers Benifits

My Dad is age 78 and lost my Mom last year. Both were collecting SSI when Mom passed. Dad recieves his SSI at about 700.00 a month certainly not enough to live on. They have no other retirement or savings . Is Dad allowed to collect on Moms SSI? I am not sure how much she was getting at the time of her death but I am sure it wasn't all that much. I understand that there are ''Widowers benifits'' and how would Dad apply for these monies? Why didn't SSI just continue the funds after Mom died? All Dad got was the death benefits check which barely paid for the clothes she was buried in. How sad after a lifetime of working and paying into the Social Securrity. Dad is now forced to live in a 5th wheeler and liquidate almost everything he owns just to make it month to month. Cant Moms SSI help him out? Also because he is forced to default on a bank loan because he has NO money can the bank attack his SSI which is automatically deposited into his bank account? Please answer as he is getting very desparate and I am in fear of him taking his own life. He is a very proud man who never owed anything to anyone and always provided for his family and now he is the next best thing to being homeless and broke.


Asked on 9/08/08, 8:35 pm

1 Answer from Attorneys
Richard Sly Richard Sly Attorney-at-law

Re: Widowers Benifits

My guess is that neither your dad or mother were getting SSI given the $700 figure you quote. The maximum SSI is $637. It sounds as though your father had a spotty work history with low retirement benefits. If your mother worked she may have had a similar income but if she had lower benefits that might reflect an even spottier work history. It is possible that Disability Insurance Benefits were the source of income. In any event it is doubtful that your mothers account is a source of any additional income for yout father. The only way for me to answer any of the questions accurately is dependent on getting complete information from the Social Security Administration. Have your father go to a local office with you and the account numbers, including mothers, and ask the very question of SSA that you have asked me - Dick Sly

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Answered on 9/09/08, 11:46 am


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