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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111654
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband died in 1986 at age 49 and I received a lump sum

Customer Question

my husband died in 1986 at age 49 and I received a lump sum benefit of 225.00. I am now age 63 and was wondering if I'm eligible to receive survivor benefits since he would now be full retirement age of 66. I am not retired.
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were married for at least 10 years and he paid into SS and his amount would be more than your amount, then you could qualify still under his benefits to collect his benefit amount and not your amount. You cannot get both, you can get benefits under your own account OR under his if his payment is more. However, if he died that young, it is going to be likely that your benefit would be more and as such you would not collect under his benefit, but SSA has to evaluate that.
Customer: replied 9 months ago.
But can I get his payment now even though I'm not retired and then collect mine when I retire
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You can apply for his now, yes you can switch to your own benefits later. You are at the age where you can collect a reduced benefit on his benefits now and then when you hit your full retirement age, you can collect on your own benefits.
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