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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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My wife passed away last year (age 50). I turn 60 in May. I

Customer Question

My wife passed away last year (age 50). I turn 60 in May. I was the major breadwinner but she worked and would have been eligible for benefits at 62 etc. Can I receive a survivor benefit at 60?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Robert,

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

The person in social security was flat out wrong. Under social security law, you are eligible to take a survivor benefit at age 60---regardless of whether your own benefit would be more if you were eligible to take it now, which you are not.

A survivor benefit is entirely separate from your retirement benefit and if you want, you can take a survivor benefit now and allow your own benefit to grow to age 70 if you wish.

Go back to social security----go to the local office----submit your marriage license, a copy of the death certificate for your wife and both of your social security numbers and they will process your survivor benefit application for you.

At 60 you will be eligible for 71.5% of the full retirement benefit that your wife would have been entitled to had she lived to age 66.

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.

I hope that I have been able to fully answer your question. 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,


Expert:  LawTalk replied 1 year ago.

Good evening,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,