R died in May 1958, survived by his wife and two children. His widow, W, became entitled to mother’s social security insurance benefits based on R’s earnings record beginning with the month of his death.
W remarried in November 1961 and her benefits were terminated due to her subsequent remarriage.
However, W was divorced in Nebraska in 1965 and filed a new application for mother’s benefits. But under Nebraska law at the ty, a divorce did not become final until six months after a trial and decision.
Therefore, W’s entitlement to mother’s social security benefits was reinstated beginning May, 1966.
See Social Security Ruling (SSR) 67-4.
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.