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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Was married to a Vietnam Veteran over 37 years. Betrayal of

Customer Question

Was married to a Vietnam Veteran over 37 years. Betrayal of marriage vows when he abandoned the marriage with a women who had been divorced 2x other times. During the interim the marriage was dissolved by a divorce. He was dishonest by not reporting all of his assets. 3x months prior to his death he signed over several IRA accounts to this women. The IRAs & whatever assets we both had accumulated over the years were to go to named beneficiaries: Our 3x sons. Managed to survive by working until a work comp injury ended my career. Planned to work until 75 y/o to max out my hard earned social security benefits. The frugality of it all means living in a humble status. Question: What is the criteria for a divorced widow benefits?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Carolyn,

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

You are entitled to a social security survivor benefit as early as age 50 if you are legally disabled and at age 60 if you are not disabled. However, if you are under the full retirement age of 66 and you are still working, your work income may interfere with your survivor benefit. Let me explain.

If you are under full retirement age for the entire year, social security will deduct $1 from your benefit payments for every $2 you earn above the annual limit. For 2016, that limit is $15,720.

In the year you reach full retirement age, social security will deduct $1 in benefits for every $3 you earn above a different limit. In 2016, the limit on your earnings is $41,880 but they only count earnings before the month you reach your full retirement age.

Once you reach full retirement age, there is no more limitation on your work income and you can earn as much as you want. Because your social security benefit will reach its maximum level at age 70, there is no benefit to not applying for your retirement benefit past age 70.

Your taking of the survivor benefit will not interfere with your own retirement benefit continuing to grow, regardless of the age at which you first apply for it.

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,


Expert:  LawTalk replied 1 year ago.

Hi Carolyn,

It is possible 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,