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If I die at age 76 does my wife recieve soc sec benefit from…

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If I die at age...
If I die at age 76 does my wife recieve soc sec benefit from my account?
Submitted: 2 years ago.Category: Social Security
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Answered in 7 minutes by:
1/21/2016
Social Security Expert: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37,876
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Good afternoon,

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

If you are earning more from social security now then your wife is, and if you predecease her, that means that she will immediately then qualify for a survivor benefit based on your earnings over your lifetime. Her survivor benefit will replace hoe present retirement benefit and will be equal to the amount of retirement benefit you are receiving at the time of your death.

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 be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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Customer reply replied 2 years ago
my wife already receives a pension from state teachers fund, does this affect the above
Social Security Expert: LawTalk, Attorney replied 2 years ago

Hi,

Of course it makes a difference. Had you mentioned this fact initially I could have given you a more accurate answer.

If you will be receiving an annuity/pension payment from a retirement system where you did not pay Social Security taxes, you’ll be subject to the Windfall Elimination Provision (WEP). The WEP will reduce your Social Security benefit if you have fewer than 30 years of “substantial earnings” under Social Security. Substantial earnings are greater than those required to earn Social Security credits. To see what substantial earnings are by year see this link:

https://socialsecurity.gov/pubs/EN-05-10045.pdf

This is a very complex area of Social Security law, and therefore, I will point you to this excellent primer on the WEP:

https://socialsecurity.gov/pubs/EN-05-10045.pdf

Generally, if a person qualified for their non-social security pension after December 1, 1982, and they worked less than 20 years in a job where they paid social security taxes, then up to 1/2 of their non-social security pension benefit would be applied (deducted) against any expected Social Security benefit.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37,876
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Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.

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