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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37440
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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When my husband passes away do I receive widows benefits? I

Customer Question

When my husband passes away do I receive widows benefits? I have a retirement of my own thru TRS, but it will not be substantial.
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Please tell me more, so we can help you best.
Customer: I do not know the amt of my retirement-since I only took part of it. at the present my monthly income is $1400 and I know I'll get more but definitely not double. His SS is around 1700
JA: Is there anything else the Retirement Accountant should be aware of?
Customer: Probably but I can't think of it now. back to my mail question--Is it possible for me to receive widows benefits?
Submitted: 8 months ago.
Category: Social Security
Expert:  LawTalk replied 8 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I wanted to let you know that I am reviewing your question right now. Please give me a few minutes to either ask clarifying questions of you, or 10 to 15 minutes to prepare an answer and get it posted to you. Thanks in advance,

Doug

Expert:  LawTalk replied 8 months ago.

Good morning,

Yes, if your husband passes before you do you will be eligible for a survivor benefit from social security. Your benefit---before reduction for your TRS pension---will be equal to 100% of the benefit that your husband is receiving or eligible to receive as of the date of his death.

Now for the not so good news. Under the social security law known as the Government Pension Offset (GPO) any survivor benefit you are entitled to at the passing of your husband will be reduced by 2/3 of the amount of the TRS pension that you are receiving. So, if you are receiving $1400 per month from TRS at the passing of your husband and if he is receiving $1800 per month then, your survivor benefit would be determined by subtracting $933 (which is 2/3 of $1400) from $1800, and your monthly benefit would be $867 per month for your survivor benefit. This $867 would be paid to you in addition to the TRS benefit that you collect each month. If your TRS benefit increases for some reason, then your survivor benefit would be further reduced.

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