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I have a question about social security. Are you familiar…

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I have a question about social security. Are you familiar with not claiming social security benefits as a divorced spouse married for 32 years. The mother didn't know she was entitled to claim half of husbands SS when he filed. She received his social when he died 10 years ago. She missed out on receiving half of his social security when he filed. She has also been using his social security for Medicare. Thank you.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

Ni

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just realized she should have claimed half of his when he filed for social security. She received 300 rather than half of his $1500

Submitted: 7 months ago.Category: Legal
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Customer reply replied 7 months ago
Mother has also been using ex husbands social security number/Medicare by error
Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 7 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 11 minutes by:
12/9/2017
Lawyer: Edward Young,
 replied 7 months ago
Edward Young
Category: Legal
Satisfied Customers: 512
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
That's fine. Amex called to make sure charge is authorized and I said it was. Good to go.
Lawyer: Edward Young,
 replied 7 months ago

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if they have 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.

Your benefit as a divorced spouse is equal to one-half of your ex-spouse's full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age.

Supplemental Security Income (SSI) program

If you get Social Security benefits but have limited income and resources (things you own), SSI may be able to help. SSI financing comes from general revenues, not Social Security taxes. SSI makes monthly payments to people who are age 65 or older or who are blind or disabled. We don’t count some of your income and some of your resources when we decide whether you’re eligible for SSI. Your house and your car, for example, usually don’t count as resources. To apply for SSI, you can begin the process and — in some cases — complete most or all of your application online by visiting our website at www.socialsecurity.gov/applyforbenefits. You can also call toll-free at 1-***-***-**** to set up an in-person or telephone appointment with a representative from your local Social Security office

I am doing more research on the retroactive pay issue and I will get back to you.

How old is your mother? Does she qualify for disability?

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Customer reply replied 7 months ago
She will be 89 in January. She started receiving about $1600 when dad passed about 10 years ago. Am interested to see if she can receive retroactive as we did not know terms. Thank you.
Lawyer: Edward Young,
 replied 7 months ago

Ordinarily, the most retroactive pay that your mother can receive is 6 months. In some cases, it may be 12 months but that depends on factors like disability and when she applied for social security.

To determine what she is eligible for, you really need to contact a social security office. Call(###) ###-####to set up an in-person or telephone appointment with a representative from your local Social Security office. Be sure to ask how the retroactive pay affects her regular payments going forward.

I would also find out whether she is eligible for SSI.

I hope this helps.

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