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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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Ok I now live on social security disability which is $886. A

Customer Question

Ok I now live on social security disability which is $886. A month plus inTill Iam 65 I draw $255.88 long term disability . Iam now age 63. I left my first husband after being married from July of 1972 of July to October 1981 a few months less than 10 years of marriage. He killed himself 2 years ago . He was a violent man is why I left him. I was told I can't draw off of him cause I lack a few months of being married 10 years. Can I now draw widow pension on him or not . I can barely pay my bills and house payment. Any answer or hope would help!
Submitted: 2 months ago.
Category: Social Security
Customer: replied 2 months ago.
Why is it you have to be married 10 yrs to draw of a veteran. I could remarry a veteran and draw off him in few years!
Customer: replied 2 months ago.
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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.

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

OK, unfortunately, yes, in order to gain the auxiliary benefits off of a spouse, the marriage has to be sufficiently long, i.e. at least 10 years. On the positive side, we can earn our own benefit which, if we work consistently full time, can be substantial. Also, if you marry a second or subsequent time, and remain married for 10 years or become widowed while married at last 9 months, you can collect a spousal benefit (up to 50% of his) or a widow benefit (up to 100% of his) on that next marriage.

There is absolutely no exceptions to the 10 year requirement, unfortunately. That said, you may want to inquire of your non-federal (state/county) assistance programs - you can go to your county medicaid office and there they often have food stamp programs and other assistance that can reduce the outlay you must pay of your own moneys, for basic needs. You can use food stamps instead of part of your 886 for food - leaving more of your 886 for your other needs. At times there can be utility assistance, etc. Also, some people, downsize the home or rent out a room for an additional $500+ income/month (or reduction in the amount she must come up with for the rent or mortgage/utility) to stretch her dollars.

With regard to veteran status, that makes no difference in SS. For any benefits rights relating to veteran status, you will want to inquire of the VA law. But indeed, yet, remarriage can be the best financial option, if you have someone in mind with a strong work history, giving him a large benefit (larger than yours).

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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