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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 11609
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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My second husband died last week...July 20, 2016. We were

Customer Question

My second husband died last week...July 20, 2016. We were married for 16 years from October 4, 1986 to June, 2004. I have his social security #. He was 81 at death and had never remarried.
At this time, I am drawing on myself and my t hird husband who died in 05-03-2011 at age 89.
1. Am I eligible to draw on my second husband?
2. What would be the advantages/disadvantages?
3. What information would be needed other than hubsand #2 social securtiy number. I do not have his death certificate. I do not have our marriage license but I may have our divorce papers.
Brenda R. Winkler
Hubsand name and date of birth: Richard Francis Schum 12-4-1934
.
Submitted: 9 months ago.
Category: Social Security
Expert:  Lane replied 9 months ago.

Hi Brenda. My name's Lane. I can help you here.

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Yes, now that you are no longer married (this is satisfied for Social Security purposes, by divorce, annulment or death), you can switch back to your previous EX's benefit.

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Benefits, however, cannot be stacked. You benefit will be raised if the survivors benefit from your previous spouse owuld make your benefit higher.

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Survivor's benefits, as you likely know, are based on 100% of the decedent's benefit, as long as you file after your own full retirement age (age 65).

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You cannot apply for survivors benefits online.

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You can call 1-***-***-**** (TTY 1-***-***-****). You can speak to a Social Security representative between 7 AM and 7 PM Monday through Friday. You can also contact your local Social Security office.

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Here's the list of items that they MAY ask for, depending on what they already do or do not have on you.

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  • Proof of the worker's death;
  • Birth certificate or other proof of birth;Proof of U.S. citizenship or lawful alien status if you were not born in the United States [More Info];U.S. military discharge paper(s) if you had military service before 1968;For disability benefits, the two forms (SSA-3368 and SSA-827) that describe your medical condition and authorize disclosure of information to us;W-2 forms(s) and/or self-employment tax returns for last year;Final divorce decree, if applying as a surviving divorced spouse; andMarriage certificate
    Expert:  Lane replied 9 months ago.

    Sorry, It looks like the formatting didn't transfer well on that list

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    Here's the direct link to the Social Security Web page on that

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    https://www.ssa.gov/forms/ssa-10.html

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    Please let me know if you have any questions at all.

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    If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit")

    Otherwise I’m working for no crediting at all here

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    Thank you!

    Lane

    I hold a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.