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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 64 and was divorced when my spouse died in 1995 and

Customer Question

I am 64 and was divorced when my spouse died in 1995 and received social security for the minor children and myself until they turned 18 and was told that I would be able to draw on his benefits later
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, what is the specific question I can help you with?

Customer: replied 1 year ago.
i am 64 and was divorced when my spouse died in 1995 and received social security for myself and minor children until they turned 18 and need to know if i can draw on his social security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Thank you, ***** ***** you for your patience.

Yes, if you were married more than 10 years, and are either unmarried or remarried after age 60, you can collect a survivor benefit after age 60 on his work record. However, collecting it before your own full retirement age (FRA) means a reduced amount, not 100%. If you want to collect 100%, you will wait til your FRA. So, typically, you'd look at your own work record benefit, at your FRA (66)(your Primary Insurance Amount), as well as what it would be if you didn't collect your own til age 70 (which would be 32% higher). If either of these are MORE than what you'd get from a survivor benefit, you will likely want to collect that survivor benefit in the meantime (either now or starting at an age up to age 66+ (your FRA)), and let your own benefit grow til 70. This way you can collect earlier, but take the biggest amount you can get at 70, and switch over.

Survivor benefit at your FRA is the biggest it will be - so remember that, while your own benefit, if deferred, will grow bigger til age 70. So you wiill want to go over those numbers and figure out your needs and wants, and how you wish to collect based on that information.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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

Hello again. It is Stephanie Joy,checking back with you. It is month end for my office accounting - Please,if you haven't yet had the opportunity to do either of the items below, I ask that you do so now, because it is the only way I can receive credit for time spent with you. Please:

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