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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34275
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My husband passed and I was recieving social security from

Customer Question

My husband passed and I was recieving social security from his account. Then it was taken away, is that legal ??
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Have you been given a reason why the payments were stopped?
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What is your age?
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Do you have any minor children that you are taking care of?
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Thanks
Barrister
Customer: replied 3 years ago.


Yes, age 74, no children......

Expert:  Barrister replied 3 years ago.
Yes, age 74, no children......
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Ok, so what was the reason you were given for the payments being stopped?
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Thanks
Barrister
Customer: replied 3 years ago.


They said that my Federal retirement check was more than the SS check and therefore I was not entitled to widows benifits from 06/02/09 to 05/01/12... I had to repay 36,000 dol. to SSA...or face collection or credit ruin....

Customer: replied 3 years ago.

Ok that answer does not help me, so thanks I will look elsewhere.

Expert:  Barrister replied 3 years ago.

I actually haven't posted an answer yet. My first response to you was for information that would help me get you an answer.

 

Ah, that is what I was afraid of... A survivor is only legally able to collect the larger of the retirement benefits, not both of them. If you receive a pension from a government job, some or all of your Social Security widow's benefit may be offset due to receipt of that pension. This offset is referred to as the Government Pension Offset, or GPO.
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So if your retirement had been less than the SS survivor's benefit, then SS would have paid the difference to equal the full SS survivor's benefit. But since your benefit was actually higher than the SS survivor benefit, you wouldn't be able to collect both as that is "double dipping" and is prohibited.
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Thanks.

Barrister

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Please remember to rate my service.If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing.There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.