A woman was entitled widow’s benefits under the Railroad Retirement Act because her deceased husband had worked for the railroad. She remarried in November 1963 and her benefits terminated.

Her second husband passed away about nine months later, in August 1964, fully insured for social security purposes.

She filed an application for widow’s social security insurance benefits but did not have the status of her second husband’s “widow” under the Social Security Act in effect before September 1965.

This was because she had not been married for at least one year to her second husband nor was she entitled widow’s or parent’s insurance benefits under the Social Security Act in the month prior to the month in which she remarried.

But under the Social Security Act Amendments of 1965 she became entitled to widow’s benefits beginning September 1965. This was because the amendments were brought in line with amendments to the Railroad Retirement Act in order to prevent gaps in social insurance with respect to the interaction between the two Acts.

See Social Security Ruling (SSR) 67-8.

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