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Ask Dr. Fiona Chen Your Own Question
Dr. Fiona Chen
Dr. Fiona Chen, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 400
Experience:  Former IRS Revenue Agent
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I turned 65 in Oct. 2014and receive SS from my 1st

Customer Question

I turned 65 in Oct. 2014and receive SS from my 1st husband,who I was married to over10 years. I remarried April 23,2015 and informed SS. I was told I was allowed to still receive benefits because my current husband is not drawing SS. They stopped my benefits in July and now want $8,219.40 that they payed in benefits from April, 2015. I am disabled and have paid back Suplimental Security Income of 1,155 and some other overpayment. Every rep. from SS acts like I am breaking the law. Am I entitled to SS from 1st husband?
Submitted: 7 months ago.
Category: Social Security
Expert:  Dr. Fiona Chen replied 7 months ago.

Dear SSI applicant,

We are entitled to SSI as former spouse only if we are not re-married.

Below is a direct quotation from the social security administration. https://www.ssa.gov/planners/retire/divspouse.html

"If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

  • You are unmarried;
  • You are age 62 or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits and
  • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work"
  • But you should qualify for something. Don't blame yourself. The fact that they gave to you and wrongfully advised you proved that we are all human being even including governmental workers. Can you qualify for SSI from your own work history? You should qualify for Medicare. That should be no problem. SSA allows pay back in installment amount. VA has very good benefit. How much can they give him? VA's benefits should be better than the SS'.
  • Please feel free to follow up with questions if I have not answered your questions. Regards, ***** ***** MPA, Ph.D., CPA, ABV, CFF, CITP