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My X-husband died November 18th - Can I apply for any of his…

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My X-husband died November 18th...
My X-husband died November 18th - Can I apply for any of his social security benefits?
Donna Gould
Submitted: 3 years ago.Category: Social Security
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Answered in 1 minute by:
12/2/2014
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 3 years ago
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,634
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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Hi, my name is ***** ***** I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.

I am so sorry for your loss.

Can you tell me your age please?

Also, do you have any minor children?

Lastly, are you disabled?
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Customer reply replied 3 years ago

I am 74 years old. No minor children.

I am 2nd x-wife of Kent H. Gould (married 25 years to him)

I currently get social security on my own work record.

Am I eligible to get any of his?

Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 3 years ago
Hi again Donna,

Yes, IF a benefit on his record would be more lucrative for you than what you get on your own, you can switch to a survivor benefit. Generally, the amount you'd get under his record would be 100% of what he got. If that is higher than your current benefit, you'd likely want to switch. You can not apply online. You will have to go to your local SSA office to apply. Be sure to bring photo ID, marriage cert. and death certificate.
See here: http://www.ssa.gov/survivorplan/howtoapply.htm

I hope this helps! My goal is to provide you with excellent and accurate service – 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 are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O Joy Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy

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Customer reply replied 3 years ago

What happens if first x-wife claims as well?

Donna Gould

Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 3 years ago
The beauty of that is that you both get 100%. No wife has to take precedence over another. But, since she is not a true widow, having divorced him, she will also have to prove she was married to him for at least 10 years.But in any event, neither of you will effect the other and no current spouse will effect or be effected by your right to collect. You may all get 100% of his amount.
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