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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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My husband at 62 recently past away on Dec.2 2015. I will

Customer Question

My husband at 62 recently past away on Dec.2 2015. I will turn 59 in June. I am planning on quiting work this spring would I be eligible to draw from my husband SS
Submitted: 10 months ago.
Category: Social Security
Expert:  LawTalk replied 10 months ago.

Good morning,

I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you legally disabled by chance?

Doug

Customer: replied 10 months ago.
No
Expert:  LawTalk replied 10 months ago.

Good morning,

I thought that I'd lost you. Glad to see you back.

Under social security law, you are eligible to apply for a survivor benefit as early as age 60, but not any earlier unless you are disabled. So while you will not qualify for your survivor benefit when you retire this spring at age 59, you can apply as of your birthday in 2017.

Because you will be deemed to be seeking an early survivor benefit from social security (early is any time before your full retirement age---which at 59 your full retirement age will be 66 and 6 months), at age 60 you will receive 71.5% of the benefit that your spouse was either receiving, or eligible to receive as of the date of his passing.

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.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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