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  1. #1
    Join Date
    Dec 2015
    Posts
    4

    Default Nine Month Marriage Rule for Social Security Survivor Benefits

    I am 63 years and I was married to my husband for less than 9 months. He died of cardiac arrest due to tobacco use according to the death certificate. I was turned down for Social Security benefits because we were not married for 9 months. We had been together as a couple for many years, and I carried insurance on him. Is there any way around the 9 month rule for marriages and social security survivor's benefits?

    Thank you,
    Sonya

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Nine Month Marriage Rule for Social Security Survivor Benefits

    The exceptions for to the rule is here: https://www.ssa.gov/OP_Home/cfr20/404/404-0335.htm

    However just because you were living together gets you nothing. I don't see anything on the list that will help you either. What state are you in? The only possible option is whether you could have been considered common law married for a longer period.

  3. #3
    Join Date
    Dec 2015
    Posts
    4

    Default Re: Nine Month Marriage Rule for Social Security Survivor Benefits

    I live in Georgia. Any information you can offer will be much appreciated!!

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Nine Month Marriage Rule for Social Security Survivor Benefits

    When did you start living together (what year?)?

  5. #5
    Join Date
    Dec 2015
    Posts
    4

    Default Re: Nine Month Marriage Rule for Social Security Survivor Benefits

    That would be 2001.

  6. #6
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Nine Month Marriage Rule for Social Security Survivor Benefits

    Quote Quoting sonya0435
    View Post
    That would be 2001.
    Georgia stopped recognizing common law marriages in 1997. So if you were in GA all that time then there is no chance you formed a common law marriage in that state.

  7. #7
    Join Date
    Dec 2015
    Posts
    4

    Default Re: Nine Month Marriage Rule for Social Security Survivor Benefits

    Thank you for your help! Not the answer I wanted, but I do appreciate it.

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