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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 19471
Experience:  B.A.; M.B.A.; J.D.
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I have been on sad for about five years. My husband retired

Customer Question

I have been on sad for about five years. My husband retired from a large car manufacturing company and was drawing a pension and regular as. About three years ago he became very ill and had end stage renal failure and recently passed away. At that time I received three letters from as. The first said because I was receiving sad that since he passed and my sad was a fairly small amount that I would continue to get my sad and in the second letter it said that because he was on regular as I would also receive his as and I also get a portion of his pension. I even went to the local as office because I didn't think I could draw sad and get part of his as and they swear that it correct. But I am afraid that at some point they will try to make me pay part of that back. Can I draw sad and still get part of his as?
Submitted: 11 months ago.
Category: Social Security
Expert:  Phillips Esq. replied 11 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

My deepest condolences for your loss.

I am sorry, but I am having difficulty understanding your post.

What are you referring to as "sad" and "as?"

Kindly review your post, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation

Customer: replied 11 months ago.
When I wrote this I believe I said I was drawing SAD and I meant I was drawing SSD and now have been told by SS that Because I was on SSD and he was on regular SS that I can draw both and I am currently receiving both plus part of his pension. I did not think that I could draw SSD and Part of his regular SS and I went to our local SS office and they have assured me that I can. Is that correct?
Expert:  Phillips Esq. replied 11 months ago.

Thank you for the information.

That is not correct. You can only receive benefits under your earnings or your late husband's earnings, but not under both. Otherwise, Social Security Administration may send you a notice of overpayment in the future and you may have to pay back the benefits that were wrongly made to you if your request for waiver is denied. If receiving under your husband's earnings would be higher, you should ask to be switched to that. For more information, click here.