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My husband recently died in 2011 and had been paying in to

 
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Customer Question

My husband recently died in 2011 and had been paying in to social security for about 40 years, and I am trying to collect survivors' benefits. My husband died at 64 and I am 56, I have been trying to go thru social securty and have been refused. My husband was the sole provider and I need help.

 



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Calling Social Security and they tell me that I am not elegible for any benefits until I turn 60 and can apply for 82% of my husband's social security check. He had disability included with the check for the months of June, July, and August. He passed away on August 11, 2011.

Submitted: 296 days and 18 hours ago.
Category: Social Security
Value: $30
Status: CLOSED
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Expert:  LawTalk replied 296 days and 17 hours ago.

Good morning,

I'm very sorry for your loss.

While you absolutely will be entitled to survivor benefits, under the rules of Social Security, you will not be eligible to make your survivor claim until you reach the age of 60. There is one exception to this general rule, and if you can show that you are disabled, you may begin your claim benefits at age 50.

The fact that your husband's check included disability benefits for several months before his death does not impact on your eligibility for survivor benefits. I'm so sorry.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,

Doug

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Expert:  LawTalk replied 294 days and 10 hours ago.

Good afternoon,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards XXXX XXXXXXXX.

Is there anything else that I can assist you with? If not, would you please now rate my service to you highly. Thanks in advance!

Doug

 
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