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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 19657
Experience:  B.A.; M.B.A.; J.D.
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What do I need to do to receive what is rightfully mine? I

Customer Question

What do I need to do to receive what is rightfully mine? I started receiving doc sec retirement 2 years ago. I am now 64 and going through a divorce. My X-husband asked for a divorce and moved out July 31, 2014. The divorce isn't final yet but my X hasn't helped with one penny of spousal support or child support since I filed sept 2013. So is there any benefits I can apply for? What is the 6 word phrase I need to use when I go?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good evening Christie,

I'm Doug, and I'm very sorry to hear of your situation. 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. What is doc sec?

2. What is your husband's age?

3. Is your husband receiving social security benefits yet?

4. Are you married at the present or not? You say someone asked for a divorce and you also refer to your ex-husband?

5. Do you have minor children of the marriage you are in the process of terminating?

6. Have either of you filed for divorce yet?


Expert:  LawTalk replied 1 year ago.

These seem like a very crucial matters for you, and your questions and multiple issues suggest that an in-depth conversation might best suit your needs because you have both family law issues as well as social security issues. If you are interested, for a nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public. I will be willing to discuss not only your social security issues, but all of your divorce/family law issues as well in the phone call----saving you both time and money. I have been an attorney more than 30 years and I handle both family law issues as well as social security issues.


Customer: replied 1 year ago.
1."Doc sec" I meant social security.
2. He is 63 and I'm not sure if he started collecting his yet since we have been separated for almost 2 years. child. Special needs age 23
4. I filed in sept 2013 as I already said.
I just need to know about Social Security benefits that are listed not being available after May 1. Thank you! Also your ad said that you collect the $34 if I am happy with your answer but it looks like you already charge me and you have given me no answer as of yet.
Customer: replied 1 year ago.
Can you help me Doug?
Expert:  LawTalk replied 1 year ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.


Expert:  Phillips Esq. replied 1 year ago.

A different Professional here.

The new law that takes effect on April 30, 2016 will not take away your benefits or any benefits that you are entitled to. The new law essentially deals with two strategies some retirees were using to maximize their benefits namely: file and suspend and restricted spousal application.

File and suspend deals with when both husband and wife have reached their full retirement age. One would file and suspend his benefits so that the other would apply for spousal benefits only. Then the other spouse would apply for benefits when he reaches age 70. This would maximize their benefits. Under the new law, this loophole has been closed. So, when a spouse files and suspends, all benefits would be suspended preventing his spouse from applying under his earnings.

The other one is restricted spousal application where one spouse can elect just to apply for spousal benefits only and then apply for her own benefits later. This would no longer be allowed for any one that has not turned age 62 by the end of December 2015.

So, the new law does not affect you and there is nothing for you to do.

For more information, click on the links below:

In order to collect on your husband or ex-husband's earnings, he must be collecting benefits. Social Security Administration would be able to tell you whether he is collecting benefits yet. Also, if you are already collecting on your benefits or about to, you would only get the combination of your benefits and your husband's benefits and not both.

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