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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 28001
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My husband was killed on the job in 1971. My daughter and I

Resolved Question:

My husband was killed on the job in 1971. My daughter and I both received monthly checks from ss until she was 16 years old. At that time the both checks stopped. My question now is, will I be able to collect his ss again when I retire at 66 years old? HE WAS 28 AT HIS TIME OF DEATH.

Thank you.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Your daughter's checks should not have stopped at age 16. They should have continued until at least age 18, and up to 19 is she was a full time high school student when she turned 18.

And of course, you will be eligible to collect a survivor benefit based on your deceased husband's earnings as early as age 60---though you will get the full benefit amount only by waiting until your full retirement age---which right now is 66. At that time, social security will look at your work history as well, and if your retirement benefit would be greater than your survivor benefit, you will be given the retirement benefit.

One other important issue though. If you remarry before age 60, you will lose your eligibility to claim a survivor benefit.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 1 year ago.

So I have a 2 part question....If my daughter was only paid until age 16, is she eligible to be reimbursed for the money that was owed to her until she was 18? And also, I WILL BE ABLE TO COLLECT AGAIN FOR MY DECEASED HUSBAND. How can I find out how much I can receive on his ss benefit. I am 65 years old and have not remarried.


 


Thank you so much.

Expert:  LawTalk replied 1 year ago.

Good afternoon,

If social security wrongfully stopped payment of your daughter's benefit at age 16, she will be able to apply to be paid for that mistake. Only your check should have stopped when she turned age 16. Social security only pays a survivor caretaker benefit to a parent or guardian caring for a child with a survivor benefit until age 16.

I'm not sure what you mean by collect again on your deceased husband. Your check should have stopped when your daughter turned 16.

You will get your survivor benefit though as soon as you apply for it. You can even apply now and get almost 100% of the full retirement benefit that your husband would have collected had he lived.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Customer: replied 1 year ago.

What I meant by "collect again" is because my check stopped when my daughter turned 16 and I was wondering if I can still collect his ss when I apply for my benefits at 66, even though I collected on his benefit previously.

Expert:  LawTalk replied 1 year ago.
Hi,

You collected a caretaker benefit before---and your check should have stopped at your daughter turning age 16. Now when you apply you will collect a survivor benefit---so yes, you may collect again.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 28001
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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