Social Security Survivor benefit
Hi Terry-
Help! Social Security is trying to short-pay me. My husband retired at 68. His Full Retirement Age was 66. So he had 2 years of deferred credit. He passed away in April at age 75.
I took my Social Security at age 65. My Full Retirement Age was 66 1/2. I think I am entitled to the full amount he was receiving. Social Security has determined that I am only entitled to his benefit at his full retirement age plus any cost of living adjustments since he claimed social security. They said that I am not entitled to his deferred credits.
I think they’re wrong and I found federal regulation 404.313 section 3 (e) which states delayed retirement credits can be used to compute my surviving spouse benefit.
Who is correct?
I have an appointment in August to appeal this.
Thanks for the help.
Terry Says
Yes, you are entitled to his delayed retirement credits. The easiest thing to do would be to point the SS employee with whom you meet to this POMS statement:
https://secure.ssa.gov/poms.nsf/lnx/0300615702
And this article will give you a complete explanation, and more ammunition for your meeting.
https://taxsharkinc.com/how-do-drcs-affect-potential-survivor-benefits/
SS workers are often misinformed! Please write back and let me know how your meeting goes!
