ArcaMax

Answering Questions From Widows

I hope there is nothing in the air that is causing old goats like me to keel over. For some reason, I've been getting a lot of questions from widows lately. Here are some of them.

Q: I am 90 years old and getting widow's benefits from my first husband who died a long time ago. I also have my own Social Security, but I'm not getting it because my widow's benefits pay more. I married another man about two years ago. He is 83. His Social Security is smaller than even my own Social Security. Assuming I die before he does, I want him to be able to get widower's benefits on my account. Do I have to switch to my own so he'll get mine when I die?

A: No, you don't have to do that. In fact, it is likely that you are already getting your own benefits, at least on the Social Security Administration's books. That's because they usually pay your own benefit first and then supplement with any additional widow's benefits you are due. For example, let's say your own benefit is $2,000 per month and your widow's rate is $3,800 per month. You are getting a monthly check of $3,800, but on the SSA books, you are getting $2,000 from your account and $1,800 from your deceased husband's account.

Q: I am 70 years old, and I am working part time. But throughout our 40-year marriage, I was a stay-at-home mom for much of the time. My husband, who was a lawyer, died four years ago. I get widow's benefits and not my own. But every year, I get a letter telling me my own retirement benefit went up. But my check never increases. Can you explain this?

A: As I said in the prior answer, I'm sure that on the SSA's books, you are getting your own small Social Security benefit that is supplemented with higher widow's benefits. So as you work, your own benefit gradually increases every year. But it will probably never reach the point where it exceeds your widow's rate, and that's why nothing changes.

Here's an example. Let's say your own Social Security retirement benefit is $800 per month and your widow's benefit is $3,400 per month. So on the SSA's books, you are getting your own $800, and you are getting $2,600 in widow's benefits to take you up to his $3,400 level.

And now let's say your earnings increase your own retirement benefit to $830 per month. That means on paper, your widow's supplement goes down to $2,570 because you are still due a total of $3,400 per month.

Q: My husband and I are both in our late 70s. We were both real estate agents most of our lives. I'm still in the business. Because of poor health, my husband isn't. My Social Security is $2,990. He gets $2,540. If he dies, what will I get in widow's benefits?

A: I'm sorry, but you won't get anything -- other than the small one-time death benefit of $255. When you are potentially due two benefits, you only get the one that pays the higher rate, unless you are due your own benefit, in which case you get that one supplemented up to the higher benefit. Your own benefit is more than your potential widow's benefit. So that's all you'll get.

On the other hand, if you should die first, he would get $450 in widower's benefits to take his $2,540 retirement rate up to your $2,990 level.

Q: My husband and I both took our Social Security at 62. We are now in our 80s. My husband's benefit is much higher than mine. If he dies first, will I start getting what he was getting at the time of death?

A: In your situation, you'll actually get a little bit more. Because your husband took benefits at 62, that means he is getting a reduced retirement benefit that equals 75% of his full retirement age rate. But there is a law that says a woman of your age is guaranteed a widow's rate of 82% of her husband's full rate. So you'll get that extra 7% added to your widow's benefits after he dies.

Q: I am about to turn 62. I'm thinking of retiring. My husband died 10 years ago, and I never remarried. I called Social Security, and they said I must now choose between his benefit or my own, and that once I make that choice, I'm locked out of the other benefit. But your book says something about a "widow's option."

A: What you were told by the Social Security rep is absolutely wrong. Let me make this very clear: Widows and widowers have the option of taking reduced benefits on one record and later switching to higher benefits on another record.

This would actually seem to contradict a rule I've mentioned many times in this column, the "deemed filing rule." That rule says that when you are filing for one Social Security benefit, you are automatically filing for any and all other benefits you are due. It almost always comes into play for spousal benefits where the other spouse is still living. In other words, if your husband were still alive, you could not file for spousal benefits on his record at age 62 and later switch to higher benefits on your own account.

But that rule goes out the window for widows and widowers. You could file for reduced retirement benefits now and then at full retirement age, switch to full widow's benefits. Or, depending on the amounts involved, it might be to your advantage to file for reduced widow's benefits now and at full retirement age, switch to 100% of your own benefit. Or you could even wait until 70 and at that age, switch to 130% of your retirement benefit.

If you have a Social Security question, Tom Margenau has two books with all the answers. One is called "Social Security -- Simple and Smart: 10 Easy-to-Understand Fact Sheets That Will Answer All Your Questions About Social Security." The other is "Social Security: 100 Myths and 100 Facts." You can find the books at Amazon.com or other book outlets. Or you can send him an email at thomas.margenau@comcast.net. To find out more about Tom Margenau and to read past columns and see features from other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

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