hello..ive been with john for 45yrs..had my name changed legally in 1974,we have3 two grown sons...im on his bank statements etc...john just passed ,in feb..can i claim his ss check ,instead of mine..also i was told i could ,and that id rec his and a portion of mine ,is this true..income is down to one check now so id like to know what to do or where to go from here..thank you ..donnaXXX@XXXXXX.XXX
nothing ..only getting paper work together ..proof of name change from the camb .ma ..court which i now have..
If your husband passed away and you are 60 yearos old, you can apply for widows benefits, and you would receive the higher benefit amount. In terms of his benefits, you may receive his full amount or close to it, and that would be higher then the benefits you are receiving now.
thank you,but we never married ..thats my concern..
If you were never married, that is a major problem.
The Social Security rules and regulation state only evidence to prove that a union existed in a state that recognizes common law marriage can be considered when allocating SS benefits. If both spouses are living, this requires a statement from both, as well as a statement from a blood relative. If one of the spouses is deceased, a statement from the surviving spouse and statements from two of the deceased's blood relatives is required. If both spouses are deceased, a statement from a blood relative of both spouses is required to prove that the couple had a common law marriage.
so what are my options..i keep being told ill get his...weve lived as a couple all these years...
It is possible, what State did you live together?
ma ..and now fl..
How long in Florida did you both live together?
here 9 yrs now.
States which recognize the "traditional" form of common law marriage include (as of 1998) Alabama, Colorado, District of Columbia, Georgia, Idaho (only if before 1-1-96), Iowa, Kansas, Montana, Ohio (only if before 10-10-91), Oklahoma, Pennsylvania, Rhode Island, South Carolina and Texas.
Did you ever live in one of these States with him?
Common law marriages were recognized in Florida until January 1, 1968. On that date, a statute abolished common law marriages, but recognized common law marriages that had been entered prior to that date.
i knew all that..as ive been looking into this for 2 months..dont want to go to the ss office to be sent away .i need to try my options now..
The Social Security Office, will only recognize a common law marriage if it happened in a State where it is legal, since FL or MA it was not legal, you cannot make that argument.
When did you get married and in what State?
you know this is just wrong..weve shared so miuch all these yrs ..children ,grandkids..a home..and i cant even get his ss .a mere 400.00 more a month than mine...would a lawyer be able to fight this ? and have they in the past that youre aware of..?
The way you can fight this case, is to hire a good lawyer, to argue that when you were married common law marriage existed, therefore you should be considered married.
For example, if you were living in Florida prior to 1968, your marriage could be recognized.
we have been together since aug 1969..
no we were not living in fl till 9 yrs ago..
i so stressed over all this ,that ive had chest discomfort.in fact ive a halter monitor on at this moment till fri 2;30p
What you would have to do is look back at all the States you have lived in for over 1 year, and the year you lived their to see if that State still had common law marriage on the books, it is possible.
we only lived in ma...till we moved here..
Your best option at this point is to retain a local social security attorney to research MA law and their history of common law marriage, if at any time from 1969, they did recognize common law marriage you can establish your marriage and be recognized.
all i see is alot of ..."if s "......
That is true, from my research which is brief, MA does not recognize common law marriage, and has not in the past,
so you would not qualify.
do you recomend a ss attorney here ..?
However, their may be some case law in the Searly Seventies that did allow it, and an attorney will need to research all the cases on this subject in MA to make sure.
you know ,im a nurse and at 65 ,66 in dec going back to work is not an option...health issues..
I understand your issue, and this is unfortunate, however the law is strict with social security,
In your situation, I would contact your local bar association for the best social security attorney in the County where you live to represent you.
If not, consider contacting a MA Law School Clinic, that provide free assistance to members of the public to research the common law issue in the State.
MA, have many law school clinics that will do this service for free.
looks like thats what ill have to do....so sad ,to end like this.,im sure john is not happy up there ..he was worried for me towards the end..
Yes, this is not fair, however, a law school clinic or social security attorney may be able to fight for your rights.
thank you ...for your time..wish me luck..ive always been the type that sees the glass as half full...where john didnt ...
Law Students Take on Social Security and Succeed: UM Law’s Health and Elder Law Clinic wins four-year legal battleHome / News / Law Students Take on Social Security and Succeed: UM Law’s Health and Elder Law Clinic wins four-year legal battle
Law students at UM Law’s Health and Elder Law Clinic recently won a four-year battle for disability benefits with the Social Security Administration on behalf of a client, Marie Beranger. She received a favorable decision after students appealed her case to the highest level of administrative review before an administrative law judge. The ruling brings long-awaited relief to Beranger, who has been unable to work and support herself while in limbo with the Social Security Administration since 2006.
“I did not know what to do and have been trying for so long to get help,” said Beranger. “The clinic has cared for me for a long time and now I will not have to worry anymore.”
When Beranger initially brought her claim to the Health and Elder Law Clinic, she had been denied on her initial application for disability benefits and clinic students promptly appealed for reconsideration. Her claim was once again denied and the clinic students petitioned for an appeals hearing before a Social Security Administrative Law Judge — the highest level of administrative review. Second-year law student Kathryn Desire was assigned to Beranger’s case at the time it was slated for hearing on January 8. Under the supervision of attorney Melissa Swain, Desire and Matthew Eandi, a 2L, filed a written brief on behalf of Beranger and represented her before the Honorable Carol J. Pennock.
“It is the students’ responsibility to represent the clients before the judge,” explained Swain. “We prepare them to advocate in any conceivable situation that may arise during the hearing as would a licensed attorney. I am particularly pleased in this instance because the hearing did not run its usual course and they still achieved a favorable ruling.”
After direct examination of Beranger by Desire before the judge, it was found that the Social Security Administration had erroneously denied Beranger’s claim and Judge Pennock rendered a finding of disabled. In addition to future monthly disability benefits totaling up to $674, Beranger was awarded up to $30,330 in “back-pay” to the date of her initial application.
“This was truly a unique opportunity to appear before a judge in a real live-client case as a law student,” stated Desire. “It has been all the more rewarding having achieved the best possible outcome for Ms. Beranger.”
The Health and Elder Law Clinic provides health and elder rights representation to underserved communities in cooperation with the University of Miami’s School of Nursing and Health Studies and the Leonard M. Miller School of Medicine. For more information, visit the Health and Elder Law page.
Consider contacting the University of Miami Law School Clinic for elder law, they may take your case as well.
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thanks again...but im in ft myers...
It should not matter, they may take your case, as it is a legal issue of importance.
will do...take care , donna
Social security is Federal Law, so your specific location or even State does not matter.
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13 years experience in social security