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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2981
Experience:  associate attorney
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What are the eligibility requirements to receive social

Customer Question

What are the eligibility requirements to receive social security survivors benefits?
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: My husband passed away. He was my second marriage. I am 83 years old. He was 88 years old. We were married 8 1/2 years before he died.
JA: Is there anything else the Retirement Accountant should be aware of?
Customer: I am receiving social security and PERS retirement. I think I also receive minimal benefits from my first marriage - that husband passed away in 2005
Submitted: 5 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 5 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Give me a bit and I will draft you an answer.

Expert:  Christopher B, Esq. replied 5 months ago.

First, I'm sorry to hear about the death of your husband. To receive a survivor benefit you must have been married at least 9 months (you were) and be age 60 to start receiving it. You cannot receive more than 1 survivor benefit at the same time. You also cannot receive a survivor benefit and your own retirement benefit at the same time. These benefits do not stack. You will receive the higher of your own benefit, your previous spouse's survivor benefit and your own retirement benefit. Since you remarried after age 60, you were still eligible for your previous husband's survivor benefit as normally if you remarry before age 60, you would lose that benefit. As long as your your deceased husband was eligible for benefits, you should be eligible for a survivor benefits based on his SS benefit. See SSA link for how to apply and descriptions of eligibility: https://www.ssa.gov/planners/survivors/ifyou2.html

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Expert:  Christopher B, Esq. replied 5 months ago.

Just checking back in, do you have any further questions?