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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37056
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Currently I receive my late husband's Social Security

Customer Question

Currently I receive my late husband's Social Security Benefits. Will I retain these benefits if I remarry?
Submitted: 10 months ago.
Category: Social Security
Expert:  LawTalk replied 10 months ago.

Good afternoon Cheryl,

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 referring to a survivor benefit?----Or a retirement benefit?

2. What is your present age?

3. How old will you be when you remarry?


Customer: replied 10 months ago.
It is a retirement benefit which I receive monthly.
I am 70 yrs. old.
I will be 70 when/if I remarry
Expert:  LawTalk replied 10 months ago.

Hi Cheryl,

I am a bit confused. You say that you are receiving a retirement benefit based on your deceased husband. Yet a retirement benefit is just 50% of the full benefit your husband was entitled to. A survivor benefit would pay you twice as much as a spouse retirement benefit. Are you positive you never applied for a survivor benefit based on your deceased husband's work record?

Were you receiving this exact same benefit before your husband died?


Customer: replied 10 months ago.
I have not ever applied for nor received a Survivor benefit. I was not aware that this was an alternative. No I did not receive his Social Security benefit before his death. I applied for his social security benefit at age 62. It seems this is a relatively simple question. I thought your internet address was part of the government.
Customer: replied 10 months ago.
No additional money. I want a refund now & my credit card records removed immediately. I want to see this in writing as a credit now.
Expert:  LawTalk replied 10 months ago.

Hi Cheryl,

If you are still receiving a spouse retirement benefit, then you want to immediately apply for a Survivor benefit. It will at least double the amount of money that you are receiving from social security. Once you are receiving the survivor benefit, you are free to remarry and the survivor benefit will continue to be paid to you.

However, if you don't first switch to the survivor benefit and you remarry, you will lose the spouse benefit. Also, you cannot get married and then apply for the survivor benefit.

You must apply for the survivor benefit now, and then you may be married and keep the survivor benefit because you are over 60.

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 remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 10 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

If I have already 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,