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My spouse of 64 years died this year. She was drawing SS

Customer Question
Benefits of JA: These retirement benefits...
My spouse of 64 years died this year. She was drawing SS Benefits of
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 deceased wife was drawing SS benefits based upon 1/2 the amount of mine. If I now marry a Canadian over 80 years of age will she be entitiled
JA: Is there anything else the Accountant should be aware of?
Customer: I don't think so.
Submitted: 5 months ago.Category: Social Security
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Answered in 16 minutes by:
7/13/2017
Social Security Expert: Christopher B, Esq., Attorney replied 5 months ago
Christopher B, Esq.
Category: Social Security
Satisfied Customers: 2,983
Experience: associate attorney
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Social Security Expert: Christopher B, Esq., Attorney replied 5 months ago

The easy answer is yes. A non-citizen can apply for and receive benefits based upon your retirement benefit as long as they are located in the United States. If she is receiving a Canadian benefit, her benefit could be reduced by her Canadian retirement. If this is this case she will be subject to the Windfall Elimination Provision (WEP). See link from SSA: https://www.ssa.gov/pubs/EN-05-10045.pdf

The WEP could greatly reduce or even eliminate any amount she could receive from your SSA benefit from the spousal benefit.

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