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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13285
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My husband decease, I am 65 and still working, making 48,000

Customer Question

my husband decease, I am 65 and still working, making 48,000 a year which is not enough whem I had my husband income to pay bills,he died before va could help us. Is there any way I can collect his social security he was retired. Somebody told my I would not be eligible to collect his social security and still work or I have to wait until I turn 66.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Good morning, with regard to your post:

"my husband decease, I am 65 and still working, making 48,000 a year which is not enough whem I had my husband income to pay bills, ----- unfortunately, that is typical - when we split our income in half (death, divorce, etc), if we were living the lifestyle of two incomes, we find we can't afford that lifestyle once we are reduced to one income. Most people find they must re-budget and usually downsize. That is why some people buy life insurance earlier on, or count on savings to pay off some of those bills that the remaining spouse will not have the extra income to pay off. But many of us are not able to do so.

"he died before va could help us. -------- If he was involved in VA, maybe you should look into whether a claim is viable after his death? I don't know that answer, but worth consulting with the VA about it.

"Is there any way I can collect his social security he was retired. Somebody told my I would not be eligible to collect his social security and still work or I have to wait until I turn 66." ------ Because you are not 'dependent' as defined by SSA, due to your ability to work and support yourself (even if not your preferred lifestyle, you can't collect a dependent benefit (those before your FRA) until you are of full retirement age. That said, you can once you are FRA, choose to collect a survivor benefit which may be as high as 100% of your deceased spouse's own benefit due. You will also want to look at what YOUR own benefit will be once you hit 70, if you don't collect it until then. It may be that it will grow to be bigger than your survivor benefit, at which point you can switch to your own if it is better for you.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

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