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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I was married on July 12, 1969, had two children from this

Customer Question

I was married on July 12, 1969, had two children from this marriage, and divorced final in March 1983. I have not remarried. I am 73 years old and am still working 2 days per week. I have been collecting Social Security since I turned 65 and 9 months. Am I able to collect any Social Security benefits from my former husband? He passed away last fall in 2015.
Thank you, ***** *****
Submitted: 5 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 5 months ago.
Ms. Julie, I hope this message finds you well. I am a licensed attorney with over a decade of experience handling issues of this nature. It is a pleasure to assist you today. To collect Social Security benefits after your ex-spouse dies, your ex-spouse had to have been collecting SSDI (or Social Security retirement) benefits at the time of death. Also, you must still be unmarried, and:60 years old or olderdisabled and between the ages of 50 and 60 (if the disability occurred within 7 years of death), orcaring for your ex-spouse's child under the age of 16 who is receiving Social Security benefits on your ex-spouses's record (this is called the mother’s or father’s benefit).You can't receive survivors benefits on your deceased ex-spouse's record if you are eligible to receive a Social Security benefit on your own record that would be higher than the benefits you will receive on your ex-spouse's record. If you are eligible for benefits on your own record that are less than the benefits you would receive on your deceased ex-spouse's record, Social Security will pay you your own benefits plus the difference between the amount of your benefits and what the benefit based on your deceased ex-spouse’s benefits would be. This difference is paid with money from your deceased ex-spouse's benefit. So, the answer is yes, you should be able to collect off of his least the difference between your current collections and what his were at the time of his death. Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings interface on your end. This is how I receive credit for my response. Best wishes!
Expert:  Delta-Lawyer replied 5 months ago.
Did you have any additional questions or comments? I want you to be as comfortable as possible moving forward. Thanks!

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