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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 36305
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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When my husband or I pass away does the remaining spouse

Customer Question

When my husband or I pass away does the remaining spouse receive the deceased's social security in addition to my own?
Submitted: 12 months ago.
Category: Social Security
Expert:  LawTalk replied 12 months ago.

Good afternoon Clair,

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

Under social security law, a person is only allowed to collect one benefit at a time. So that means that if one of you dies, the other may keep their own benefit or switch to a survivor benefit that will pay the same monthly benefit to the surviving spouse that the deceased spouse was earning at the time of their passing.

This switch from a retirement benefit to a survivor benefit will only benefit that one of you who receives less as a monthly benefit than your spouse does. The survivor benefit would then increase your benefit to a level that your spouse was receiving at their death.

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,