How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask retirementlawyer Your Own Question

retirementlawyer
retirementlawyer, Tax Attorney
Category: Social Security
Satisfied Customers: 15883
Experience:  13 years experience in social security
16356563
Type Your Social Security Question Here...
retirementlawyer is online now
A new question is answered every 9 seconds

My husband died 11/5/12 at the age of 61. I have been recently

Resolved Question:

My husband died 11/5/12 at the age of 61. I have been recently diagnosed with metastatic lung cancer and will be transitioning from short term disability to long term disability through my employer at the end of September. Can I apply for my husband's social security benefits and still receive my employer disability benefit?
Submitted: 11 months ago.
Category: Social Security
Expert:  retirementlawyer replied 11 months ago.

retirementlawyer :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

retirementlawyer :

How old are you?

retirementlawyer :

Any private disability insurance you have will not affect your eligibility for Social Security disability benefits

retirementlawyer :

A widow can apply for a spousal benefit at the age of 60,

retirementlawyer :

so you can apply for it and receive a private disability benefit,

Customer:

I am 64yrs old.

retirementlawyer :

Than you can apply for a widows benefit,

retirementlawyer :

since you will be taking it before your full retirement age,

retirementlawyer :

it would be reduced, by 10-15%

retirementlawyer :

if you wait till full retirement age which would be 66, you would receive 100% of his benefit

Customer:

If my employer disability benefit lasts 2yrs and they then tell me to transition to social security disability,can I still receive my husbands social security benefit?

retirementlawyer :

you would only be able to receive one benefit,

retirementlawyer :

you would not be able to have social security disability and a widows benefit,

Customer:

But I can receive the employer disability and the widows benefit?

retirementlawyer :

yes,

retirementlawyer :

that is a private benefit,

retirementlawyer :

not social security,

retirementlawyer :

if you apply for disability and are awarded, that payment would replace social security,

retirementlawyer :

and convert to regular social security when you reach full retirement afge

retirementlawyer :

age

retirementlawyer :

The link above is from the social security office, and states the same,

retirementlawyer :

If you have any further questions please do not hesitate to ask.

retirementlawyer :

If satisfied please provide us with positive feedback, thank you

Expert:  retirementlawyer replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 11 months ago.


I worked full time until 3/30/2013 and then received 80% of my salary(short term disability) since then so I have made more than $15,000 since 1/1/2013 - can I apply and receive widows social security benefit for last 3 months of 2013?

Expert:  retirementlawyer replied 11 months ago.
yes, you can apply now it will start when you apply, however it may take some time to start paying so if you apply now you may be able to get a check starting Oct.
Customer: replied 11 months ago.


So - the $15,000 yearly earnings cap for social security recipients does not apply to me receiving widows benefits?

Expert:  retirementlawyer replied 11 months ago.
If the $15,000 was from a private disability insurance, it would not count.

THIS IS DIRECTLY FROM THE SOCIAL SECURITY RULES:
http://www.socialsecurity.gov/pubs/EN-05-10069.pdf

Sometimes people who retire in midyear already have earned more than the
yearly earnings limit. That is why there
is a special rule that applies to earnings
for one year, usually the first year of
retirement. Under this rule, you can
get a full Social Security check for any
whole month you are retired, regardless
of your yearly earnings.

In 2013, a person under full retirement
age for the entire year is considered
retired if monthly earnings are $1,260
or less. For example, XXXXX XXXXX retires
at age 62 on October 30, 2013. He will
make $45,000 through October.
He takes a part-time job beginning
in November earning $500 per month.
Although his earnings for the year
substantially exceed the 2013 annual
limit ($15,120), he will receive a Social
Security payment for November and
December. This is because his earnings
in those months are $1,260 or less, the
monthly limit for people younger than
full retirement age. If Mr. Smith earns
more than $1,260 in either of those
months (November or December), he
will not receive a benefit for that month.
Beginning in 2014, only the yearly limits
will apply to him
retirementlawyer, Tax Attorney
Category: Social Security
Satisfied Customers: 15883
Experience: 13 years experience in social security
retirementlawyer and 2 other Social Security Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • dylatess

    ATTORNEY

    Satisfied Customers:

    3086
    35 plus years of SSD practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    ATTORNEY

    Satisfied Customers:

    3086
    35 plus years of SSD practice
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    3247
    Licensed CPA, CMA, CFE M.Accy Also Teach Accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    1138
    I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
  • http://ww2.justanswer.com/uploads/FA/fastfile/2011-12-15_23139_Klein2011small.64x64.jpg R. Klein, EA's Avatar

    R. Klein, EA

    Accountant

    Satisfied Customers:

    254
    Tax matters relating to Social Security Benefits only
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    188
    Licensed in multiple jurisdictions, experienced business attorney.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    137
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    83
    15+ years assisting tax clients with taxation and eligibility of Social Security Benefits.