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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110398
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Social Security wont give me money that is owed to me from

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Social Security wont give me money that is owed to me from my Ex-husband, I found out from S.S. he passed away, they wont tell me when, S.S. wont give money from his S.S. unless I'divorsed, I have been married to this husband for 25 ys. I found out there is no Final Decree of divorce, from dead husband, I have certificate, divorce costs THOUSANDS of dollars, but there is no property, children are 40 and 50 years old, we have nothing.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Are you saying you were never legally divorced from your first husband that just died?
Customer: replied 3 years ago.

Yes, no Decree of divorce, didn't realize it, I have been married to dead husband for 50 years, when filed for divorce, very young ages 20 and 26. I have certificate stamped and signed by Court, I mailed request to Los Angeles Court, COMPLETE FILE.

Thank you for your response.

Since you never legally completed the divorce to your first husband, the new marriage to your current husband would be void and invalid. However, I am confused as to whose benefits you are trying to claim, first husband's benefits as surviving spouse or the current husband's benefits.
Customer: replied 3 years ago.


Thank you for your response.

Yes to which one? I asked you two different questions.
Customer: replied 3 years ago.

I am trying to claim benefits from the First husband, who passed away, my current husband is only 56, he has a long way to his benefits, I'm 68, I doubt if I will live that long to collect his benefits, he has been driving a Taxi for about 12 yrs. he has not put any money into his S.S. he did, when he was working at regular jobs.

Thank you for clarification.

Since you were never actually divorced from your first husband, your new marriage is not valid. Thus you are not legally married to your new husband according to CA law. If you were married to the first husband for all of this time you need to provide proof to the SSA that you were never properly divorced and as such you would be entitled to the surviving spouse benefits from SSA.

You need to file a written appeal to SSA and provide proof that no decree of divorce was ever filed in the first marriage, so by CA law you are still legally married to your first husband. If they deny your written appeal, then you will need an attorney who will have to file for a hearing with SSA and will have to go before the administrative judge and provide the evidence that you were never divorced and as such are still the surviving spouse and you have not remarried because your current "marriage" is void because you were never properly divorced.

As far as your new marriage, you should not do anything to remarry, leave the marriage void in order to collect your benefits based on your first husband.

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