22 Dec Can I get survivor benefits from my husband who was in prison?

Q. My husband had been receiving Social Security payments, and then he was incarcerated for 20 years. He died in May 2020. Am I eligible to receive a reinstated benefit? I am currently receiving SSDI and Social Security. I am raising our grandson, who is 13.
— Trying to get by

A. We’re sorry for the loss of your husband.

Whether or not your husband passed away while incarcerated or after he was released, you would generally be eligible to collect a Social Security survivor benefit based off of his record with the Social Security Administration (SSA), said Charles Pawlik, a certified financial planner and chartered financial analyst with Beacon Trust in Morristown.

The said Social Security should be notified of his passing, and you can discuss switching your benefit to a survivor benefit with a Social Security representative.

Once you have reached your full retirement age (FRA), you would be eligible to receive the larger of your benefit or 100% of your husband’s benefit amount as a survivor benefit, he said.

“Your FRA for survivor benefits depends on the year you were born,” he said. “Survivors are eligible to begin receiving a reduced benefit as early as age 60, at which point 71.5% of the monthly benefit can be collected.”

Your FRA is age 66 if you were born between 1945 and 1956, and gradually increases to age 67 if you were born in 1962 or later, Pawlik said.

The rules around this can be complex, so it is important to contact a Social Security representative to discuss the benefits you are eligible for. For more information you can call (800) 772-1213 to speak to a Social Security representative or visit the agency’s website. 

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This story was originally published on Dec. 22, 2020.

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