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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 34897
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 unclear as to what I am reading. I am 55 and collecting

Customer Question

I am unclear as to what I am reading. I am 55 and collecting disability for the past 10 years. At the time I applied, I was informed I could only collect disability under my own name. My husband was deceased about 5 years prior to my disability. Since I cannot work is there someway I can collect a portion of his benefits now or get grandfathered in? How do I do this?
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else important you think the Retirement Accountant should know?
Customer: Not that I know of. I received like $233 towards his burial (a joke). I can't remember if I received anything else for my son towards his schooling. No, I remember, I got extra money for him through my husband's benefit package from work until he reached the age of 18 and then that stopped. That's something totally different. So, I guess there is nothing else financially I can think of.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Retirement Accountant about your situation and connect you two.
Submitted: 7 months ago.
Category: Social Security
Expert:  LawTalk replied 7 months ago.

Good morning Karen,

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

Because you are disabled, over 50 and your husband died when you were in your 40's, and presuming that you are not presently married, you are entitled to a survivor benefit now. Base on your age, that benefit will be equal to about 75% of the benefit that your husband would have been entitled to had he lived to age 66.

If the survivor benefit is greater than the disability benefit that you are receiving now, then you may apply for the benefit at any time, including immediately.

Go to your social security office and take with you your marriage license, a copy of the dearth certificate and both of your social security numbers. The clerk there will look in the computer and tell you if you will benefit from switching to a survivor benefit at this time, and if you will, they will process the survivor benefit application and in a couple of months you will begin receiving the greater monetary benefit amount.

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.

I hope that I have been able to fully answer your question. 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,


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