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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37394
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 dad just died at 81. He was married to my stepmother from

Customer Question

My dad just died at 81. He was married to my stepmother from 1976 until 1992. They got back together after a month. So they were together for 40 years. Is she eligible for his social security? Thank you
Submitted: 9 months ago.
Category: Social Security
Expert:  LawTalk replied 9 months ago.

Good afternoon Paula,

I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today.

Because your stepmother was legally married to your father for more than 10 years, and presuming that she is not presently married, then yes, she is absolutely entitled to apply for a survivor benefit. If the survivor benefit is greater than the benefit she is presently receiving, then social security will substitute the survivor benefit for the one she is presently getting.

A survivor benefit is 100% of the benefit that your father was receiving monthly from social security at the time of his passing.

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 9 months ago.

Good afternoon,

I sense that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 9 months ago.

Hi Paula,

Is there anything else I can assist you with today?

Doug