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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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When my husband or I pass away does the remaining spouse

Customer Question

When my husband or I pass away does the remaining spouse receive the deceased's social security in addition to my own?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Clair,

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

Under social security law, a person is only allowed to collect one benefit at a time. So that means that if one of you dies, the other may keep their own benefit or switch to a survivor benefit that will pay the same monthly benefit to the surviving spouse that the deceased spouse was earning at the time of their passing.

This switch from a retirement benefit to a survivor benefit will only benefit that one of you who receives less as a monthly benefit than your spouse does. The survivor benefit would then increase your benefit to a level that your spouse was receiving at their death.

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,