Social Security

Ask social security questions and get answers ASAP

Ask an Expert,
Get an Answer ASAP!

My husband just died and I want to know about survivor

Customer Question
benefits I am a civil...
My husband just died and I want to know about survivor benefits I am a civil service retiree and get a pension I also get a small social security check from my years in private jobs. Can I get spousal benefits from my husband's social security.
Submitted: 2 years ago.Category: Social Security
Show More
Show Less
Ask Your Own Social Security Question
Answered in 3 hours by:
1/26/2016
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 2 years ago
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,631
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
Verified

Gwen, I am so sorry for your loss.

You are likely eligible for a survivor benefit, but until the "math" is done, you may find that it is less than your own (not worth switching). Here is how it works: Because we are not permitted under SS law to collect 2 persons' amount, i.e. survivor benefit (which is a dependent benefit or sorts) and another government benefit, in this instance, they do the math as such: The GPO (Government Pension Offset often takes over: Take 2/3 of your government pension. Subtract that number from your survivor benefit amount. If there is something left over, and you prefer it over your own SS benefit amount from your own record, you can choose to switch to that reduced survivor benefit. THis is true of other people as well: If you had your own benefit (say a lifetime of working full time in the SS world, paying SS taxes) and then became eligible for a survivor benefit (or even a spousal benefit), you couldn't collect them both - one or the other so you take the larger of the two.

Keep in mind, there are some rare exceptions too complicated to go into here (and we don't have the info pertaining to your details to do it anyway) where the GPO will not be applied - and for this reason, I do suggest you DO apply by going to your SSA office (all survivor applications generally require you go in person) and getting the firm numbers that apply, just in case. Also, while the GPO numbers may apply, it may be that they still turn out to allow you an INCREASE because that survivor benefit could be more than your own even after GPO affect, warranting a switch.

Ask Your Own Social Security Question
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 2 years ago

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.

Your online SS legal resource!

Ask Your Own Social Security Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a social security expertLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,631
13,631 Satisfied Customers
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.

Stephanie O Joy, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

dylatess

dylatess

ATTORNEY

3,467 satisfied customers

37 plus years of SSD practice

Megan C

Megan C

Certified Public Accountant (CPA)

4,582 satisfied customers

Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level

LawTalk

LawTalk

Attorney

3,071 satisfied customers

I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.

R. Klein, EA

R. Klein, EA

Accountant

334 satisfied customers

Tax & Social Security Benefits specialist

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

233 satisfied customers

Licensed in multiple jurisdictions, experienced business attorney.

AttorneyTom

AttorneyTom

Attorney

16 satisfied customers

Attorney

Stephanie O Joy, Esq

Stephanie O Joy, Esq

Soc. Sec. Attorney

13,631 satisfied customers

22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.

< Previous | Next >

Related Social Security Questions
How to figure the Government Pension Offset? 90 years old
90 years old and retired from government work at age of 60 and is not drawing any social security benefit. … read more
Lev
Lev
Retired
Bachelor\u0027s Degree Equivalent
27,050 satisfied customers
I will receive survivor benefits this month will I receive
I will receive survivor benefits this month will I receive that on my birthdate or my deceased husbands birthdate? … read more
TaxRobin
TaxRobin
Vocational, Technical or Trade School
1 satisfied customers
How can you wait to file for survivor benefits? It's
How long can you wait to file for survivor benefits? … read more
Lane
Lane
JD, MBA, CFP, CRPS
Doctoral Degree
47 satisfied customers
What are survivor's benefits? 75 and retired at 62. My
75 and retired at 62. My husband passed away seven years ago. … read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
I am a UK citizen with a card getting survivor benefits
I am a UK citizen with a green card getting survivor benefits based on my late husbands social security. I am thinking of retirring to Sri Lanka. My question is does Sri Lanka have a tax treaty with the US the same as the UK … read more
Dr. Arthur Rubin
Dr. Arthur Rubin
Doctoral Degree
173 satisfied customers
I am currently receiving survivors benefits from my late
I am currently receiving survivors benefits from my late husband. I am 73. I understand that if I remarry, I will not lose these benefits. Is this correct? … read more
Lev
Lev
Retired
Bachelor\u0027s Degree Equivalent
27,050 satisfied customers
What documentation do I need to apply for survivor benefits,
what documentation do I need to apply for survivor benefits, My wife passed away recently … read more
Lev
Lev
Retired
Bachelor\u0027s Degree Equivalent
27,050 satisfied customers
Is there a Veteran's Survivor Benefits I need notify of my
Is there a Veteran's Survivor Benefits I need notify of my husband's passing … read more
Andy4712
Andy4712
Attorney
Doctoral Degree
113 satisfied customers
My wife died 02/01/2018. What survivor benefits do I
My wife died 02/01/2018. What survivor benefits do I receive? When she began drawing SS we chose a lower withdrawal so that we could maintain a living amount every month. Her ss####-##-#### … read more
Lev
Lev
Retired
Bachelor\u0027s Degree Equivalent
27,050 satisfied customers
I get survivors benefits from my spouse who passed away a
I get survivors benefits from my spouse who passed away a few years ago. I planned on letting my own SS benefits continue to increase each year until I am 68 years old. I can switch over to my own SS … read more
Loren
Loren
566 satisfied customers
Granddaughter receives survivor benefits. Does she ha e to
granddaughter receives survivor benefits. Does she ha e to file with IRS. She is 16 tears old and has livied with us all year. Can we count her as our. dependent? Her father has never been able to cai… read more
Carter McBride
Carter McBride
LLM
1,150 satisfied customers
My son receives social security survivor benefits as my
Hello, My son receives social security survivor benefits as my husband passed away 7 years ago. I have been saving them in a representative payee account for college. I just recently learned that when… read more
TaxRobin
TaxRobin
Vocational, Technical or Trade School
1 satisfied customers
Does retirement cancel survivors benefits, I just turned 70,
I just turned 70, applied for and got retirement benefits. I have been receiving survivors benefit from my wife's account. Do I now recieve both or just retirement? … read more
emc011075
emc011075
Tax advisor and Enrolled Agent
Bachelor\u0027s Degree
3,033 satisfied customers
My daughter has been receiving survivors benefits for the
My daughter has been receiving survivors benefits for the past 10 years. She just turned 18. I am her mother and her representative payee. I received a letter from the SS office that I have to return … read more
Lev
Lev
Retired
Bachelor\u0027s Degree Equivalent
27,050 satisfied customers
I am currently receiving partial survivor benefits for
I am currently receiving partial survivor benefits for $1,456 I will be turning 66 end of this month I have worked continuously until last year when I was laid off I earned over $43,000 dollars and be… read more
Lev
Lev
Retired
Bachelor\u0027s Degree Equivalent
27,050 satisfied customers
I have survivor benefits from social security. They started
I have survivor benefits from social security. They started in June. Also I have two part time jobs, I was laid off from one in May, all this year … read more
Lev
Lev
Retired
Bachelor\u0027s Degree Equivalent
27,050 satisfied customers
Can my spouse receive survivors benefits from my earnings
Can my spouse receive survivors benefits from my earnings even if he receives a reduced benefit from his own social security wages? If so, how is it calculated? … read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,377 satisfied customers
I'm receiving survivor benefits, when I reach retirement age
I'm receiving survivor benefits, when I reach retirement age does the benefit … read more
emc011075
emc011075
Tax advisor and Enrolled Agent
Bachelor\u0027s Degree
3,033 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x