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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2983
Experience:  associate attorney
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I am 71 years old and collecting SS payments as the SS office

Customer Question

I am 71 years old and collecting SS payments as the SS office had advised me. Is there a
legal way I can collect some more money? We were married 30 years when my husband died but I am being alloted benefits on the amounts I paid in. Also I was previously married for over 10 years to another man. Is there any provision for me there.
I need your help as I am disabled, homebound and have no other income. Am I eleigible for some other benefits I do not receive? Also losing my eyesight.
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. The new law has no effect on survivor benefits, only the spousal benefit as it relates to the "file and suspend" and "restricted benefit". If you are receiving disability over your normal retirement benefit then it is possible to receive the survivor benefit from your deceased husband unless you remarried before age 60 and remain married. When you became unmarried, you would then have been eligible to receive the benefit. As to your other ex spouse, you could receive spousal benefits (this is up to 50% if you retired at full retirement age and would be decreased by the early retirement penalty if retired before) if you did not remarry before age 60. To be clear though, the survivor benefits (100% of your deceased spouse's benefit) and the ex spousal benefit (50% of your exes benefit if he is still eligible to receive his benefit) cannot be stacked with your disability social security benefit. You do not receive more than 1 benefit and only receive the highest of the bunch depending on your eligibility. It is likely that your disability payment is higher than the other benefits and if that is the case, you would not receive and additional funds from social security. If the survivor or other benefits are higher then you would receive that benefit and no longer receive your disability. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 1 year ago.
Just checking back in, do you have any further questions?