Recently widowed mom fighting to recieve death benifits

My mom resides in Maryland.

She is now 65 yrs of age. She was married to my step father for over 15 years. Last year they're health began to go down hill. They at that time lived in Florida. We thought it best to move them to Maryland to be closer to family who can take care of them.

However, my stepfather wanted to stay behind to tie up some loose ends there. Which consisted of selling certain poperty ect... Meantime he took out a 1yr lease at an apartment complex until things were finalized. My mom moved to maryland at that time.

Just recently he had a heart attack, and was put into a nursing home. where later he died. Now she has been denied of his death benifits. The reason for denial was due to the fact she did not reside with him at the time of death therefore she is not entitled to recieve mentioned benifits.

She has appealed such denial and has a hearing comming up in Dec. What should she do to prepare her self? And best to your knowledge does she have grounds to recieve anything from his social security?

Thank you for your time,
Di

Denied death benefits by whom, and what type of death benefits (how much money) are they?

Was this a death benefit he was entitled to by virtue of the company that he was employed by, or are you talking about death benefits from Social Security only?

She is right to appeal and I hope she wins, but why haven't you contacted Social Security already to have her apply to see what she will get?

She has already applied for her self. However, After my step dad died she is also entiled to collect off of his benifits. She was denied. They told her the reason was because she did not reside with him at the time of death.

I thought that wouldnt and shouldnt hold any water due to the fact that they were married over 15 yrs. Entitling her to his benifits. That is why she is appealing it.

Its ok if you have no knowledge on this subject. I am sure this will all come out at the hearing.

Thanks

She may want to consult with an attorney who has experience in dealing with Social Security cases to get professional advice on what she should do or say. Government agency sure gave a stupid reason without even understanding that hers is an exceptional, unusual case with perfect, reasonable justification!

Thanks Don I thought so too.
As she is on a fixed income I am now trying to get her legal aid.


Thanks for your input,
Di

If Legal Aid is not available check with your local AARP and other services for the elderly. Sometimes they'll have a staff person who can provide assistance.