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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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I was married for 20 plus years, then divorced. My former

Customer Question

I was married for 20 plus years, then divorced. My former husband died 7 years ago. I have not remarried. I am 75 years old and would like to collect part of his social security. Is this possible and if so how do I go about it?
Submitted: 12 months ago.
Category: Social Security
Expert:  LawTalk replied 12 months ago.

Good afternoon Judy,

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

Yes, it is possible for you to make an ex-spouse survivor claim. Now, keep in mind that you cannot collect a survivor benefit and your own retirement benefit at the same time. However, if your ex's benefit was higher than yours was at the time he passed, then you will be able to increase your social security benefit by filing for a survivor benefit now. This cannot be done online though and so you must either call social security to make the claim---or better yet, go to your local social security office to put in the claim for the survivor benefit.

You will need the following information to make the claim.

1. Both your social security number and that of your ex.

2. A copy of your marriage license.

3. A copy of the divorce decree.

4. A copy of his death certificate.

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 12 months ago.

Hi Judy,

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,