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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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I am 56 years old and I'm on disability SS. I am

Customer Question

I am 56 years old and I'm on disability SS. I am divorced and my second husband passed away in 2003. I am not remarried. Do I qualify for either of their SS benefits now or do I have to wait till I'm older. I'm sorry if this sounds bad for me to ask this, but I am trying to live on SS and it is hard. I'm just trying to see if I qualify for anything else that I might be missing. Your help is GREATLY appreciated!Shari
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Were you still married to your second husband when he died, OR were you married to him for at least 10 years?


Customer: replied 1 year ago.
I was still married to my second husband when he passed away and yes, we were married for at least 10 years.Shari
Expert:  LawTalk replied 1 year ago.

Hi Shari,

Thank you for the additional information.

Because you are legally disabled and over the age of 50, you do qualify to apply for a survivor benefit based on your second husband's lifetime earnings. You will need to apply in person at your local social security office for the benefit and bring with you a copy of your marriage license as well as a copy of his death certificate.

While you may not collect both SSDI and a survivor benefit at the same time, you will be given the benefit which pays you the most money and the social security employee can explain what that amount will be.

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,