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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35309
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I am 78 yrs old, my wife had brain cancer, I retired at 58

Customer Question

I am 78 yrs old, my wife had brain cancer, I retired at 58 to care for her for 7+ years. She passed away at 54, and she was drawing SS on disability. I did not draw SS until age 62, is there a possibility that she could have received more than myself on SS? or how does this work
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

If your wife was drawing disability before her full retirement age, the benefits that she was being paid for disability would have been equal to the amount of benefit she was then eligible to receive at full retirement age.

If that amount was greater than the amount that you are presently receiving, then you could benefit by applying for a survivor benefit and taking that instead of the retirement benefit you are taking based on your own earning history.

If you are receiving more now than she was receiving at the time she passed, then you would not benefit from applying for a spouse benefit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

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