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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13266
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Husband (married longer than 10 years) died at age 40. Widow

Customer Question

Husband (married longer than 10 years) died at age 40. Widow is now 63 and never remarried. She plans on collecting her benefits at age 70. Assuming that husband had met the requirements for being eligible for social security, is widow eligible for spousal or survivor benefits before age 70?
I don't really need a detailed answer. What I really want to know is whether it would be worth her time to meet with someone at the SSA to discuss this.
Submitted: 2 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 2 months ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Customer: replied 2 months ago.
Are you just jerking me around?
Expert:  Stephanie O Joy, Esq replied 2 months ago.

She is eligible to collect a survivor benefit (i.e. widow) anytime after 60, so long as not married (unless remarried AFTER 60)... However, until she is her full retirement age, she is subject to a work earnings limit and if she makes over it, she will owe back some of that benefit or all of it. So if she is working now and earning quite a bit, she may be ineligible for any dollar amount. BUT, this earnings limit stops at her FRA. So even if she can't take a survivor now, at 66+ she can take 100% of his primary insurance amount while allowing her own to grow to age 70. If, at age 70, it is bigger than her survivor benefit, she may wish to switch to that bigger benefit on her own record.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

Jerking you around?

Expert:  Stephanie O Joy, Esq replied 2 months ago.

I hope this helps! My goal is to provide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you aredone. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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