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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37854
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My husband was married to his first wife 48 years when she

Customer Question

My husband was married to his first wife 48 years when she passed away. He retired from the Post Office. When she passed away he could not draw her Social Security because of his Civil Service Retirement due to the Double Dip Law. She paid in some $80,000.00 during her lifetime and no one can draw it. Is this right? My husband draws $220.00 per month SS plus his retirement, which isn't much. Has this law changed?
Submitted: 4 years ago.
Category: Social Security
Expert:  LawTalk replied 4 years ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your husbands' situation. My goal is to provide you with excellent service today.

I'm very sorry, but the law has not changed as regards the set off under the Government Pension Offset (GPO) which decreases benefits payable under a survivor benefit if the surviving spouse also collects a pension that was earned when receiving wages that were not taxes by social security. I'm very sorry.

While there are more complicated calculations that must be done, as an estimate,

if a person qualified for their non-social security pension after December 1, 1982, and they worked less than 20 years in a job where they paid social security taxes, then two-thirds of their non-social security pension benefit would be applied (deducted) against any expected Social Security benefit.

I wish you the best in 2013.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,


Expert:  LawTalk replied 4 years ago.
Good evening,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile:

Thank you very much and take care.