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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13542
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My husband died last week. He was 81 and I am 80. He was the

Customer Question

My husband died last week. He was 81 and I am 80. He was the primary bread winner all of our married lives. What do I need to do?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

I am so sorry for your loss.

1) OK, was he collecting Social security retirement? If so, was it on his own work record? How much?

2) Are you collecting SSR? Is it on your work record or on his? How much?

Customer: replied 1 year ago.
This is Todd Bryant. My Dad, B.K. Bryant was killed when the plane he was piloting crashed last weekend. I am trying to help my Mom who is wondering what to do next. I assume we need to tell social security about Dad. I believe Mom will start to receive his monthly benefit? I believe we need to tell Medicare about Dad so they don't deduct his Medicare from his social security check. I am happy to discuss on a call. My cell is(###) ###-#### ***** Mom is here with me today.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

So sorry Todd! Here is what generally needs to be done (and you do not have to pay extra for phone consult, they get pricey in my office). Yes, you want to notify the SSA of his passing so that they properly stop those checks. If he died in Dec, he was elgible for payment for November, which is the check he received THIS month, in Dec. But he won't be eligible for January check, as that is due for December and he did not survive December so can't be paid for Dec.

Your mom, should then apply (I'd do all this in person at the local office) for a survivor benefit, if it is greater than her own - she can take the highest of the two (but no longer will there by 2 check amounts, just one). She will also want to apply for the death benefit, a one time payment of $255, for what that is worth.

She should bring with her: Her own photo ID, her marriage certificate, his death certificate, her Birth certificate.

You should be able to cancel the Medicare at the SSA office. It WILL be out of his Nov. due/Dec paid check, since he had coverage then. Your mom's own Medicare will come out of whatever check she ends up getting, survivor if his work record was stronger than her own.

Again, I am so so sorry about your loss. I wish you both great strength and peace.

Sincerely,

Stephanie Joy

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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 ***** Esq., ONLY" if you want me to specifically answer it.

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Customer: replied 1 year ago.
Will the social security office need a death certificate in order to proceed? We don't have that yet.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi Todd, yes, that is why I noted:

"She should bring with her: Her own photo ID, her marriage certificate, his death certificate, her Birth certificate."

But you can likely start it now or, just wait a few days to get that so you don't have to go twice.

I wish you both the best, ***** ***** so sorry this has happened.

Sincerely,

Stephanie Joy

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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