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My wife is 57 and on disability and also on hospice. I am 60…

Customer Question
My wife is 57...

My wife is 57 and on disability and also on hospice. I am 60 and will turn 61 in June. If she passes away I understand I can draw against her benefits but to what amount/percentage? And we have been married 13 years...

Lawyer's Assistant: What state is your wife in? It matters because laws vary by location.

Virginia.

Lawyer's Assistant: What steps has your wife taken so far?

We she became eligible for her disability in October 2017 but did not draw her first check until November 2017, and I've stopped working to take care of her.

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

That should be all at this point.

Submitted: 3 months ago.Category: Legal
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Answered in 6 hours by:
4/3/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,859
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If your spousal's benefit is higher than your social security retirement benefit (you would collect 50% of her benefit) then SSA will pay you based on her benefit instead of your benefit. This is a calculation for the SSA to make and it will be based on the lifetime social security earnings.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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