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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
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 is currently incarcerated but not yet sentenced.

Customer Question

My husband is currently incarcerated but not yet sentenced. He is currently getting approx. $2,000 a month in SS but I hear that will stop. He is 68 years old. I am 65 and not collecting my own SS yet. When will his SS stop? Am I entitled to any of his?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

After conviction, your husband's social security benefits will end 30 days later, presuming that he goes directly back to incarceration from trial.

His incarceration however does not effect any benefit that you are eligible for, and at age 65 you will be entitled to a spouse benefit of approximately 45% of the amount that he was eligible for at age 66.

You may apply for the spouse benefit now so that there is no delay in your getting the benefit once he is convicted and incarcerated following conviction.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,