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retirementlawyer
retirementlawyer, Tax Attorney
Category: Social Security
Satisfied Customers: 17223
Experience:  13 years experience in social security
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My husband died 11/5/12 at the age of 61. I have been recently

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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?

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

Customer: replied 3 years 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?

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 3 years ago.


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

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
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