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LawTalk
LawTalk, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36351
Experience:  I have more than 25 years experience in the legal profession.
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I retired on August 1st I have been receiving widows

Customer Question

I retired on August 1st I have been receiving widows benefits sice 2010 which I paid taxes up front am I allowed to get the taxed amount added to my benefits since I no longer work? Lillie J. Ross
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I recently resided in California I relocated to Houston Texas in OCTOBER
JA: Has anything been filed or reported?
Customer: Icalled to update my place of residence but I totally forgot I had been paying taxes for the past five years
JA: Anything else you want the lawyer to know before I connect you?
Customer: no. thank you
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 4 months ago.

Good evening Lillie,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

Keep in mind that you are receiving a survivor benefit. That benefit is based solely on the income earned by your husband over his lifetime. Your income and the taxes that you paid into your social security account number play no part in your husband's benefit---while he was living or after he passed.

The fact that you may taxes based on income that you earn is credited to your lifetime work record, and no one else's. Consequently, your FICA payments do not effect the benefit you collect as a survivor. To receive the benefit of the taxes you have paid into your account number in your life, then you would have to apply for a benefit based on your own life's income. You can check with social security to determine whether your benefit would be greater by choosing a benefit based on your own income. But in most circumstances unless you earned more income in your life than did your husband, the change to your own benefit would leave you with less money each month in benefits.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you. So, Lillie, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 4 months ago.

Good evensong Lillie,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

Expert:  LawTalk replied 4 months ago.

Hi,

Is there anything else I can assist you with tonight?

Doug