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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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I was married to my ex husband years. s 2nd wife was married

Customer Question

I was married to my ex husband for 25 years. His 2nd wife was married to him 29 + years
Since he has just passed away am I elegible for some of his SS. I have been receiving $279. per month since I was 62. I am presently 82years old
Submitted: 6 months ago.
Category: Social Security
Expert:  LawTalk replied 6 months ago.

Good afternoon Shirley,

I'm Doug, and I'm very sorry to hear of your situation. 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 presently married?

Doug

Customer: replied 6 months ago.
no
Expert:  LawTalk replied 6 months ago.

Hi Shirley,

Thanks for the additional information.

Yes, you are absolutely eligible for a survivor benefit from social security based on your former husband's death.

You survivor benefit will be equal to the amount that your ex-husband was receiving as a retirement benefit as of the date of his death.

All you need to do is contact social security---either over the phone or in person, and apply for the survivor benefit which you are entitled to. The fact that he was married to his second wife longer than to you, or that he was married at the time of his death, will not effect your eligibility for the survivor benefit.

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. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 6 months ago.

Is there anything else I can assist you with today, Shirley?

Doug