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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I am 74 years old and getting my social security benefits

Customer Question

I am 74 years old and getting my social security benefits and was married twice the first ended in divorce after 18 years the second I became a widow after 33 years. Can I draw a portion of one of my husbands social security along with my own benefit?
Submitted: 10 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 10 months ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my 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 10 months ago.

You are very likely eligible for a widow benefit on your second husband's work record/SS#, and a divorced spousal benefit under your first husband's work record if he is still alive, or a divorced widow benefit if he is deceased after the divorce - however, we can't collect the benefits of 2 individuals - it is one benefit per person. As such you will want to switch to whichever is highest. For instance, a widow benefit would be up to 100% of your second husband's benefit amount - if his work record was higher than yours over his lifetime, this would be better than taking your own. Divorced spouse benefit, however is a max of 50%, so usually, if you were a worker yourself, that one won't be higher than you own. But either way, you want to inquire of all of them with your local SSA office and switch if more beneficial, certainly.

Expert:  Stephanie O Joy, Esq replied 10 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.

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