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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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I will be 65 years old in July 2016. My husband died October

Customer Question

I will be 65 years old in July 2016. My husband died October 4, 2014 and was receiving disability. He was 64 when he died. I am still full time employed. Can I apply for my husband's social security while I am still employed (my salary is 64,500/year). Should I consider retiring at the end of this year and then draw his social security? I know that my FRA is 66 but I would like to retire sooner.
Submitted: 11 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 11 months ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney inmy private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

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

With regard to your post:

"I will be 65 years old in July 2016. My husband died October 4, 2014 ---- I am sorry for your loss.

"and was receiving disability. He was 64 when he died. I am still full time employed. Can I apply for my husband's social security while I am still employed (my salary is 64,500/year). ------- It is unlikely that at $64,500/year, you will have any Survivor benefit to take, because of the earnings limit for dependent benefits, for those of us under our full retirement age (FRA). However, once you are 66 (FRA), you are no longer subject to the earnings limit so you can work and collect a 100% on that survivor benefit.

"Should I consider retiring at the end of this year and then draw his social security? ----- If you mean retire as in collect, for survivor, yes, as there is no benefit to waiting passed 66 (FRA) for survivor. But that doesn't mean you have to stop working - imagine all that nest egg you can save up so when you Do stop working, you can really have some fun (or security, depending on your wants/needs).

"I know that my FRA is 66 but I would like to retire sooner." ----- Ah, OK, if you do wish to stop working, yes, full survivor at 66. If you can survive on it. And you will also want to determine, regardless, what your OWN benefit will be at 66 and at 70. Is your own benefit at 70, which is 32% bigger than if you started it at 66, bigger than your survivor benefit? If so, consider survivor from 66 to 70, then switch to your own, the highest.

Expert:  Stephanie O Joy, Esq replied 11 months 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.

Your online SS legal resource!

Expert:  Stephanie O Joy, Esq replied 10 months ago.

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

1) Follow up if clarification is needed on our above interaction/Q&A, OR

2) Rate me highly if we are finished for the time being.

If there's more I can do, please use the reply tab and let me know how I can be 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 me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here!

Sincerely,

Stephanie O. Joy, Esq. – Your Online Legal Professional