Social Security Survivor’s Benefit Question

July 19, 2019 10:43 AM

Unfortunately, I became a member of this club several years ago. I now want to apply for Social Security widow’s benefits (not SSI disability), but I’m having trouble with a question about living arrangements.

Question 16 on Form SSA-10 asks for “Reason you were apart at time of death.” Technically, spouse was hospitalized at time of death, and I could choose that as the reason and fill in the name of the illness. However, in the months leading up to that, we had separate permanent addresses, which I’m sure is on record, since spouse was receiving disability.

Any suggestions for a brief but truthful answer that will avoid the extremely painful topic of the divorce that never happened and ensure a favorable outcome to my benefit application?

posted by elphaba to Law & Government (7 answers total)

I think the usual term for this is "trial separation" and you could include length of time if it's pretinent.
posted by jessamyn at 10:45 AM on July 19, 2019 [3 favorites]

I get SS survivor benefits. I hadn't seen my husband in many years when he died. I don't remember them asking this at all, maybe it's a new thing, I started getting mine three years ago. Anyway, I don't think it legally matters where you were as long as you were still married when your spouse died.
posted by mareli at 1:25 PM on July 19, 2019 [2 favorites]

Technically, spouse was hospitalized at time of death, and I could choose that as the reason and fill in the name of the illness.

Since the priority is to "ensure a favorable outcome to my benefit application" which is entirely understandable, I would go with hospitalized at time of death. It is truthful; it is the reason you were not at the same address at the time of death.

However, I have never applied for this benefit so you shouldn't trust me, or really anyone else who's not a member of the club or a practitioner in this area.
posted by DarlingBri at 1:27 PM on July 19, 2019 [3 favorites]

I just remembered: I went to the local SS office to apply, they were very nice. Maybe they filled out the form for me.
posted by mareli at 1:29 PM on July 19, 2019 [1 favorite]

I found this for reference. Under Secction B you are considered married as long as the divorce was not finalized. Section D here seems to indicate that they are trying to find out if you were living with another spouse. (If I'm reading that correctly). Either way you are still entitled to his spousal benefits even if you did get a divorce as long as: you were married for 10 years and you didn't remarry.
posted by jennypower at 2:15 PM on July 19, 2019

jennypower's POMS citation is to the SSI program and not the correct citation. Here Is the correct POMS citation regarding eligibility for widow's benefits under the Title II program, which is what your'e asking about.
posted by pasici at 4:49 PM on July 19, 2019 [1 favorite]

pasici's link is helpful is you're interested in reading all the fine print. If you're not, the bottom line is that it makes absolutely no difference, with regard to eligibility or the amount of benefits you're entitled to, whether you lived together or apart for a few months. Or for a few years, for that matter.

And no, the Social Security Administration isn't going to ask you for more details than what you provide on the form. The form is processed by a computer. SSA gets several million applications per year, and isn't staffed to do anything other than look at unusual or problematical answers. Your answer isn't going to trigger any kind of flag that would result in a human becoming involved. That's because, as noted above, your answer to this question is essentially irrelevant.
posted by WestCoaster at 1:09 AM on July 22, 2019