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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33665
Experience:  16 yrs. of trial experience
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My husband and i are both 62 years old and collecting early

Customer Question

my husband and i are both 62 years old and collecting early social security. his is 1540 a month and mine is 1184. we also each have pensions from our jobs. we elected to receive our full pensions, no survivors benefit. if my husband dies before i do am i entitled to a portion of his social security benefit? if i am, do i have to give up my SS to get it? thankyou
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
If he passes PRIOR to you, you can collect his benefit. HOWEVER, to collect his benefit (the $1540) you have to waive your benefit ($1184)
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.