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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13564
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My husband past away on 12-5-15. I still have not received s

Customer Question

My husband past away on 12-5-15. I still have not received his November check and they said I would get a percent of what he was getting. Need help its been 3 months have called them 4 times and they still do not know anything. What can I do to get them to give me his November check and a percent of his monthly. Thank you Joy Bise
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi Joy, did you file for a survivor benefit in person at the SSA office?

Customer: replied 1 year ago.
No I mailed it in and they said they received it.
Customer: replied 1 year ago.
Say I had commercial property and sold it for 130,000.00 paid off a loan would I have to pay taxes on 130,000.00 if so how much would that be.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

OK, what exactly did you mail them?

Customer: replied 1 year ago.
I mailed a 1724 form. I would also like to ask my husband got a deduction because he gets a government pension then I get a percent of his and then they take another 100 from me because he gets a government pension so we got penalized twice is that right shouldn't I have just got a percent of what he was already deducted not another $100
Customer: replied 1 year ago.
Do you need more information?
Expert:  Stephanie O Joy, Esq replied 1 year ago.

OK, Unfortunately, you can not completely apply for survivor benefits by mail or online. You need to bring with you your photo ID, your marriage certificate and his death certificate. That is likely the hold up.

With regard to what you were getting, how old were you when you started collecting a spousal retirement benefit based on his work record?

Customer: replied 1 year ago.
62
Expert:  Stephanie O Joy, Esq replied 1 year ago.

OK, the reason why you did not get 50% of his reduced amount would likely be because you took a benefit early - when we don't wait til our full retirement age, like you didn't, but want those additional 48 months of payment that those that wait don't get, those payments are reduced in order to pay for those additional 48 months of payments. So yes, his benefit was reduced due to the WEP correction, and your portion of his benefit you got as spouse, was less than 50% (more like 35%) because you took early extra payments.

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

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