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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37639
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 husband died on March 7th. I was told that I could not

Customer Question

My husband died on March 7th. I was told that I could not collect his because he had been paid more than he should have been. They are going to take that money until the overage is covered. If they take that, can they take the money from a small lawn service he had. He left it to our sons. My name was on it before he died. It's on it now, but only because they need 2 signatures for certain things, this was in case they couldn't get together to sign. My question is, can they take that money that was given to our sons to cover the overage, or will they consider that income for me, even though I'm not receiving any.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.
Good afternoon,I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today.While social security will withhold any survivor benefit payable to you until such time as they have recouped the overpayment made to your husband, social security is not going to sue you or come after the lawn service assets that he left to your sons. As soon as social security has recovered the overpayment you will then be eligible to begin collecting your survivor benefit entitlement. 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. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 1 year ago.
Good afternoon,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.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug