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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13437
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My son in law passed away unexpectedly and left a real

Customer Question

My son in law passed away unexpectedly and left a real problem for my daughter. He was on social security. My daughter is 56 years old and has tried to determine from the local SS office whether she can apply for his social security benefits. To date, she has had two different opinions from the same SS office on this eligibility question? Can someone please let me know if she is eligible. She works full time and has an extreme problem on getting to the SS office as she keeps the same hours as they do.
Thank you so much.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

I am so sorry for your loss.

Does she care for any children of your deceased son in law that are under 16?

Customer: replied 1 year ago.
No, the children are 22 and 20.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

OK, I am sorry your daughter was so terribly misinformed. With regard to your specific post:

"My son in law passed away unexpectedly and left a real problem for my daughter. ------ Again, so sorry.

"He was on social security. My daughter is 56 years old and has tried to determine from the local SS office whether she can apply for his social security benefits. -------- No, she is not old enough to collect retirement, even as a widow, as the minimum for even reduced survivor benefits it 60, UNLESS she is caring for a child OR, disabled herself. Given her working status, she is clearly not disabled. Even if she WAS 60, the survivor benefit, like all "early" retirement benefits on the work record of someone else, would be subject to an 'earnings limit". This year it is 15720, such that for every $2 she earns over that limit, she will owe back $1 of her benefits received to the SSA. This earnings limit applies until she is of full retirement age herself - then she can collect and earn unlimited amounts without a reduction in benefits.

"To date, she has had two different opinions from the same SS office on this eligibility question? ------- It is pretty cut and dried. She is not old enough to collect.

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

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

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

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

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

Hello again. It is month end -Please, if you haven't yet had the opportunity to do either of the items below, I ask that you do so now, because itis the only way I can receive credit for time spent with you. Please:

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If there's more I can do, please use the reply tab and let me know how I canbe of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate mehighly and provide me with feedback. And thanks for understanding how we receivecredit from the Site for contributing our time here!

Sincerely,

StephanieO. Joy, Esq. – Your Online Legal Professional