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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4183
Experience:  30 years of experience
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When my husband dies do I get his full SS instand of mine +

Customer Question

When my husband dies do I get his full SS instand of mine + his penson?
JA: What state are you in? It matters because laws vary by location.
Customer: KY but my SS goes bank in N.J.
JA: Has anything been filed or reported?
Customer: All paper work is done. Got check from pension was not same amount Union said was more. He was getting 1836.00 in SS and 1085.27 Pension. I was getting 944.70. I thought I would get his SS and they would take back mine + 1/2 of his pension. which would be 650.00. SS said I would only get $1947.60. a month.
JA: Was this discussed with a manager, HR, or an attorney?
Customer: no went to SS
JA: Is the employment "at will," union, full time, or part time?
Customer: He worked full time and so did I. He pasted 7/4/17
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Gerald, Esq replied 2 months ago.

Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 2 months ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am very sorry for your loss. It must be very difficult to have to face these issues so soon after losing your husband.

In regard to Social Security you will get the greater amount of yours or his. They will not give you both. If his was the greater amount you will get that amount.

In regard to the pension it depends on what election your husband made when he applied for the pension at retirement. A 50% retirement benefit is typical. You need to ask the pension administrator what election your husband made.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,