A widow inherited her deceased husband’s farm. She participated in all major decisions regarding production of crops on the farm. She contributed 50% of the farm expenses. When she applied for old age social security insurance benefits, it needed to be determined if she had a legally recognized interest in the farm and, if so, whether or not there was an agreement that she materially participate in the production of crops on the farm and, if so, whether she did in fact so participate. If the answer to these questions was yes, then she qualified for social security benefits.

It was determined that she did in fact have a legally recognized interest in the farm — no less than that of a tenant at will. And she did materially participate in the production of agricultural commodities. She qualified for benefits.

See Social Security Ruling (SSR) 65-27.

Fact: farmers are the salt of the earth.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted