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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 19637
Experience:  B.A.; M.B.A.; J.D.
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My hubsand passed away July 31. Do I get his check and what

Customer Question

My hubsand passed away July 31. Do I get his check and what is the procedure on death benefits?
Submitted: 1 year ago.
Category: Social Security
Expert:  Phillips Esq. replied 1 year ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. My depeest sympathies for your loss.

Could you explain a little more?

How old are you?

Are you asking if you can retain the check sent to him?

Or are you asking if you can apply for survivor benefits based on his earnings?

Thank you for your cooperation,

Customer: replied 1 year ago.
Can I apply for spouses benefits based on his earning
Expert:  Phillips Esq. replied 1 year ago.

Kindly provide a response to all my questions.

Thank you!

Customer: replied 1 year ago.
I am 66,birthday August 13. He was67
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

Yes, you can apply for survivor benefits. However, you are not going to receive two separate payments: one under your earnings and one under his. You would receive a combination of the benefits that would total a higher amount if your husband's earnings are higher than yours. That's the way this type of a case is handled.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 1 year ago.
He answered all my questions completely and I didn't have to wait. If I need help again I would like the same lawyer
Expert:  Phillips Esq. replied 1 year ago.

Hello: A quick update on my previous response. You can apply for survivor benefits and ask to be switched to your husband's benefits if receiving benefits under your husband's earnings would be higher. You would still not get two different payments.

Have a wonderful day,