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Ask Dr. Fiona Chen Your Own Question
Dr. Fiona Chen
Dr. Fiona Chen, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 482
Experience:  Former IRS Revenue Agent
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When my exhusband past away years ago I qualified and

Customer Question

When my exhusband past away years ago I qualified and received portion of death benefits due to the fact we were married over 10years and he had been remarried for 2years to a new wife.
After a year my benefits stopped
My question is I've been on disability for a few years now but I am only 48
Do I qualify yet or will I ever qualify to receive any thing off his social security
Submitted: 1 year ago.
Category: Social Security
Expert:  Dr. Fiona Chen replied 1 year ago.

Dear Customer,

You will qualify to receive under his social security benefit as surviving spouse benefit under the conditions below. One is above 50 and disabled. Your benefit stopped which could be that you were raising a child under age 16, and that was the reason you qualified at the age below 50.

However, the benefit is not an add-on to your current benefit, but a higher of the two. If the surviving spouse applies after age 60, the person will not lose the survival spouse benefit if remarried after the benefit starts.

Please feel free to follow up.


Fiona Chen, MPA, Ph.D., CPA, ABV, CFF, CITP

If you have a surviving divorced spouse, he or she could get the same benefits as your widow or widower provided that your marriage lasted 10 years or more.

Benefits paid to a surviving divorced spouse who meets the age or disability requirement as a widow or widower won't affect the benefit amounts your other survivors will receive based on your earnings record.

Note: If your surviving divorced spouse remarries after they reach age 60 (age 50 if disabled), the remarriage will not affect their eligibility for survivors benefits.

If your former spouse is caring for your child who is under age 16 or disabled who gets benefits on your record, he or she will not have to meet the length-of-marriage rule. (The child must be your natural or legally adopted child.)

Customer: replied 1 year ago.
when I do turn the age 50
I could qualify for a portion of my deceased exhusband benefits since I'm disabled correct?
But not now while I'm 48 and disabled
Customer: replied 1 year ago.
Did you get my response are I'm having to pay again
Expert:  Dr. Fiona Chen replied 1 year ago.

Dear Customer,

You may want to contact the SSA now to verify. It will be good to plan. You can go or call them now to find out.

It seems that when you turn 50 and disabled, you can get survival benefit on your deceased ex-husband. You may want to find out what if you wait until you are 60. At that time, you still want to check all your options, especially to see what if you are on your own disability and wait until full retirement to take his survival benefit, what the monthly payment will be.

Check with all options and have them print out numbers for you to consider.

In terms of whether you need to pay JustAnswer again, I don't think so.