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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13283
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My wife pasted away on 9-14-2015 Social security said that I

Customer Question

Hello My wife pasted away on 9-14-2015 Social security said that I will not get any survivor benifits do to the fact that I' m getting a pension from the Chicago Fire Dept, they stated that I could get Medicare but that I need to purchase part B do I need to hire a lawyer or is this the law
Thank You *****
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi Bob!

OK, when you worked for the FD, did you pay SS taxes on that income?

Customer: replied 1 year ago.
No I only have 20 Credits We only had a pension with the City of Chicago
Customer: replied 1 year ago.
If it is easier to call my # ***** 1-***-***-****
Customer: replied 1 year ago.
They also stated that my wifes survivor benefit to me would be 2000.00 a month but my pension was larger then that so I was not entitled to the survivor benefit.
Customer: replied 1 year ago.
Stephanie Comcast is working on the Power lines in the alley they will restore Power to the phone and internet by 4pm it is now 2:30 pm Chicago time Sorry Of all days to have this work done Shows How my Luck is Going.
Many Thanks
Bob Ambos
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi Bob, OK, here is the scoop on where you stand re SSA benefits. With regard to your post:

"Hello My wife pasted away on 9-14-2015 ------ I am so sorry!

"Social security said that I will not get any survivor benifits do to the fact that I' m getting a pension from the Chicago Fire Dept, --------- OK, yes, if you have a gov't pension and are not a "dependent" on getting a survivor benefit, then you are subject to the GPO, Government Pension Offset. They take 2/3 of your Government pension and subtract from your would-be survivor benefit. If it is zero or less, you get nothing. The reason for this is the same policy that prevents OTHER retirees in general from getting an SS survivor benefit if they have their own SS retirement that is bigger than the survivor benefit, is held to apply to all government retirement benefit retirees, be they getting from SS work or other non-SS work. A person with a relatively LOW government or SS pension MAY then get some survivor benefits from their spouses record but if their own pension is sufficiently high, they won't.

Here is more on this, so you can be clear on it:

http://www.ssa.gov/planners/retire/gpo-calc.html

"they stated that I could get Medicare but that I need to purchase part B do I need to hire a lawyer or is this the law Thank You Bob Ambos -------- Yes, so if you are over 65 and retired, i.e. not getting "creditable coverage" from an employer you currently work for, you will likely want to get Medicare now, so that you do not suffer a premium penalty later, that can be substantial. If you Do have free insurance elsewhere, it LIKELY requires anyway, that you take Medicare, so that IT can become secondary while Medicare is primary (so they can save money). But that is based on the terms of your other insurance policy, so you will want to inquire there.

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.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 1 year ago.
Great Service As always.
Many Thanks
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Thanks Bob! You are very welcome, any time.

Please don't forget to click the rating!

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