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My deceased ex husband worked in New York and Colorado for…

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My deceased ex husband...

My deceased ex husband worked in New York and Colorado for 50 years. I am trying to collect widows benefits and was denied because he moved to Massachusetts the last year of his life and unfortunately died there. How can I not be eligible just because he died in boyleston at the age of 67.

Accountant's Assistant: 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. Is there anything else the Retirement Accountant should be aware of?

Only that he worked for a construction steel company the last year of his life. He only lived in Massachusetts for the last year of his life.

Submitted: 11 months ago.Category: Social Security
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Answered in 1 hour by:
9/19/2017
Social Security Expert: emc011075, Tax Adviser replied 11 months ago
emc011075
emc011075, Tax Adviser
Category: Social Security
Satisfied Customers: 3,969
Experience: Tax adviser IRS licensed Enrolled Agent and tax instructor
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Hi. My name is ***** ***** I will be happy to help you.

Are you asking about social security benefits or government (state) pension. Where you or he resided has nothing to do with your eligibility for social security benefits.

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Customer reply replied 11 months ago
I am asking about my social security benefits from my deceased ex husband I was married to him from 1984 until 2012. I was denied because he died in boylston, Massachusetts. He moved there when he was 65 years old. He worked his whole life and not in Massachusetts.
Social Security Expert: emc011075, Tax Adviser replied 10 months ago

Widows benefits are based on his work records, not where he resided during his lifetime. Moving to MA after working in CO and NY is not be a reason for denial. There must be another reason. Have you remarried before 60? If yes, are you still married?

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Customer reply replied 10 months ago
Apparently Massachusetts is one of the few states that does not collect social security, and because they are stating that he lived there at the time of his death and we were divorced I am not allowed to collect? We also have one 32 year old daughter together.
Social Security Expert: emc011075, Tax Adviser replied 10 months ago

Social security is a federal program, not state program. MA employees are required to withhold social security and Medicare taxes just like any other employees in the country, no state is exempt from the requirement.

What type of work did you husband do? Did he worked for the government? Did he have enough social security credits to qualify for the benefits?

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Customer reply replied 10 months ago
my husband met all of the requirements. Social security said I don't meet the requirement as a spouse to inherit from my ex husband under the laws of Boyleston, Massachusetts. They apparently don't recognize our relationship because we were divorced. Can that be true?
Social Security Expert: emc011075, Tax Adviser replied 10 months ago

First, social security benefits are not transferable and cannot be inherited. You can have your benefits calculated using his work records but you cannot get his benefits.

Here are the requirements for receiving widow benefits based on your ex spouse's records.

https://www.ssa.gov/planners/survivors/ifyou3.html

If you are 60 or older, currently single or you have not remarried before 60 and benefits based on his records are higher than benefits based on your own records, you qualify for widow benefits. To apply you will need an original marriage certificate and divorce decree.

You cannot apply for widows benefits online but you can apply at any social security office in the country.

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Customer reply replied 10 months ago
I have already presented marriage, divorce and death certificates. I have been denied because he lived in boylston Massachusetts at the time of his death. Social security denied me because they said Massachusetts law is different. I don't understand this because it is federal law that should matter. Please explain this to me.
Customer reply replied 10 months ago
Please refer to all of my answers, I keep repeating myself and you are not getting to the crux of the matter. Please tell me the law for widows in Boylston ! Massachusetts.
Social Security Expert: emc011075, Tax Adviser replied 10 months ago

Social security rules overrule any local rules. A town cannot change who is and who is not eligible for benefits just because the person lived or died in that town. Social security is a federal organization. If, for some reason a clerk in Boylston office is giving you a hard time, then apply at different office, ask to speak to the office supervisor, or ask to see the actual rule on paper.

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Social Security Expert: emc011075, Tax Adviser replied 10 months ago

The law is same in Boylston MA, Tampa FL or little town in NM. The same rules apply in Medina OH or Boston MA.

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