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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13521
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I am 57 and employed. My husband is 72 and very ill. Will I

Customer Question

I am 57 and employed. My husband is 72 and very ill. Will I be able to collect off of his social security after he dies?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
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.
Do you have minor children together?
Customer: replied 1 year ago.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
OK, unfortunately, no.
Survivor benefits are only available for 'dependents' (as defined by SSA), which can include surviving spouses who are legally ready for retirement or, widow caretakers of minor children (ergo dependent because unable to work substantially while taking care of the minors), or disable widows.
This generally means that not until 60 can you collect a survivor benefit, and that would be a reduced early amount (71% of his). Waiting til age 66+ (full retirement age) would get you 100% of his benefits as a survivor benefit. Note also that although we may be eligible for our own and a survivor benefit, we can only collect one - sometimes the higher one, sometimes not, depending on the strategy in place.
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, Esq.
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