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Should a spouse file any documentation to qualify for

survivorship benefits prior to her...
should a spouse file any documentation to qualify for survivorship benefits prior to her spouses decease?
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: Need a husband or wife file documentation prior to the other spouse's decease in order to be eligible for survivorship benefits after spouses decease?
JA: Is there anything else the Retirement Accountant should be aware of?
Customer: they are separated but not divorced but there is no proceeding pending
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Answered in 2 minutes by:
11/8/2017
Chad CFP ®
Chad CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional
Category: Social Security
Satisfied Customers: 919
Experience: Managing Director
Verified

Welcome to JustAnswer! My name is ***** ***** I will be able to assist you today.

Please give me one moment while I type my initial response

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When a worker who choose to begin receiving Social Security retirement benefits files for retirement benefits, the worker's spouse may be eligible for a benefit based on the spouses earnings.

Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, we mean a child who is under age 16 or who receives Social Security disability benefits.

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If a spouse is eligible for a retirement benefit based on his or her own earnings, and if that benefit is higher than the spousal benefit, then we pay the retirement benefit. Otherwise we pay the spousal benefit.

I would be happy to discuss your options over the phone, but the system did not accept your payment. Please try to enter your payment again.

Thank you!

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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 13,005
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
Verified

Hi. My name's Lane. I m a different expert and have a different answer.

I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice 1986.

...

The answer to your question is no. It's only at the time of filing for the benefit, once the individual is deceased, that there will a request for documentation (and the ability to provide documentation) of marital status, age, length of marriage is no longer married at the time etc.

...

Types of documentation needed will depend on what they already have through government reporting. But there is NO requirement, indeed no facility, for providing this documentation BEFORE filing for any benefit.

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Customer reply replied 1 month ago

Please call me at XXX XXX XXXX

The documentation requested (again, a t time of filing for the benefit will be, among other things (possibly), marriage license. But if there is no divorce, there's nothing to provide. Social Security does not recognize the status of separation. Individuals are (or were, for long enough) either married or not, for this purpose.

...

Again, Social Security Administration has a black-and-white definition of marriage. Either you're married or you're not. The rules make no specific provisions for the gray area of legal separation. (GN 00305.005 Determining Marital Status)

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The phone consult comes with an additional fee. It looks as if maybe your payment didn't go through. There was an error of some sort on my end

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enjoyed speaking with you. Here's the legal citation on this. Social Security Act-section 216(h)(l), P.L. 104-199, Regulations No. 4-Sections

404.344, 404.723 - 404.728, 404.732

...

Lane

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Hello, original expert here. Following up to see if you still want to speak about the question you have submitted.

Chad CFP ®
Chad CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional
Category: Social Security
Satisfied Customers: 919
Experience: Managing Director
Verified
Chad CFP ® and 87 other Social Security Specialists are ready to help you
Ask your own question now

Here, again, Bob is the Customer Service number so that you can contact and let them know which expert you wanted to receive credit.

...

Lane

...

JustAnswer customer svc

1(###) ###-####/p>

1(###) ###-####/p>

Email | Chat | Phone

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Thank you for using this question and answer site.

Please let us know if you have any questions in the future!

Have a great day

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Hi Bob. Lane here ... DId you ever get hold of customer service? ... Doesn't look like anything's happened here.

...

Let me know if I can help

...

Please note the differences in "experts" here.

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Chad CFP ®
Chad CFP ®
Chad CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional
Category: Social Security
Satisfied Customers: 919
919 Satisfied Customers
Experience: Managing Director

Chad CFP ® is online now

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