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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13282
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I would like to know if I can draw ss benefits from my wife

Customer Question

I would like to know if I can draw ss benefits from my wife that passed away in 2001. I'am 63 years old and we were married for 29 years and still working.
Submitted: 11 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 11 months ago.

Good afternoon,

OK, if your wife was a worker, yes, you could be eligible for a survivor dependent benefit on her record. However, because you are not yet of full retirement age (66+), and you are working, if you make more than $15720 (2015 earnings limit), any dependent benefits will have an owe back for that earned over the $15720. You will pay back $1 in benefits received for every $2 you earn. However, that said, this earnings test does not apply once you are FRA. So, once you are 66, you CAN file for and received a survivor benefit equal to 100% of your wife's benefit. By doing this, you can allow your own benefit to grow to age 70, making it 32% higher than if you collected it at 66.

Expert:  Stephanie O Joy, Esq replied 11 months ago.

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