Scanlon Introduces Legislation to Expand Social Security Survivor Benefits for Widowers and Surviving Divorced Spouses

Washington, D.C. — Congresswoman Mary Gay Scanlon (PA-05) today introduced the Surviving Widow(er) Income Fair Treatment (SWIFT) Act, legislation that would update arbitrary restrictions on benefits for widow(er)s and surviving divorced spouses, and increase Social Security benefits for more than one million Americans. Senator Richard Blumenthal (D-CT) introduced the Senate companion bill.

Under current law, widow(er)s who develop a disability after their spouse dies are not allowed to claim survivor benefits until they reach the age of 50, and the value of these benefits is severely reduced if they claim them before reaching full retirement age. More than one-third of widow(er)s also have their benefits limited by an obscure provision known as the “widow(er)’s limit,” which permanently reduces widow(er)s’ survivor benefits if their deceased spouse claimed retirement benefits before retirement age.

“Social Security has been a critical and essential lifeline for retired, disabled, and low-income workers for decades,” said Rep. Scanlon. “Obscure benefit caps and outdated arbitrary legal restrictions have created obstacles for beneficiaries, particularly women, during some of the most vulnerable periods in their lives. I’m proud to introduce the SWIFT Act to tackle those barriers and increase Social Security benefits for deserving Americans in need.”

The Surviving Widow(er) Income Fair Treatment (SWIFT) Act would:

  • Allow widow(er)s and surviving divorced spouses with disabilities to receive 100% of the survivor benefit they are entitled to regardless of their age;

  • Give widow(er)s and surviving divorced spouses the ability to increase the value of their survivor benefits beyond current arbitrary caps;

  • Enable widow(er)s and surviving divorced spouses caring for children to receive child-in-care benefits until their children are age 18 or 19 if still in school; and

  • Require the federal government to proactively provide information to widow(er)s and surviving divorced spouses about benefits they are eligible for, claiming options, and important deadlines.

The bill is co-sponsored by Reps. Eleanor Holmes Norton (DC-AL), Dina Titus (NV-01), Rashida Tlaib (MI-12), Yvette D. Clarke (NY-11), Seth Moulton (MA-06), and Chellie Pingree (ME-01).

The bill is endorsed by the National Committee To Preserve Social Security and Medicare, Social Security Works, National Association of Disability Representatives, Strengthen Social Security Coalition, Alliance for Retired Americans, Justice in Aging, and AFL-CIO.

Find the full bill text here.

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