Social Security

Ask social security questions and get answers ASAP

Ask an Expert,
Get an Answer ASAP!

When is it permissible to change from personal benefits to…

Customer Question
When is it permissible...

When is it permissible to change from personal benefits to benefits from on spouse's account?

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. Please tell me more, so we can help you best.

Can a retiree apply for benefits from her account then after a problem is cleared from her spouse, change to spouse's account, since his would pay her more?

Accountant's Assistant: Is there anything else important you think the Retirement Accountant should know?

She was married for 9 yrs then they filed for a divorce, then stopped it or put it on hold with no divorce, then filed and was granted a divorce after 12 yrs. There is a copy of the original filing (after 9 yrs ) in the court papers, Then after 12 yrs the divorce . Social security is treating the 1st filing as the divorce so are refusing benefits on the spouse's account.

Submitted: 7 months ago.Category: Social Security
Show More
Show Less
Ask Your Own Social Security Question
Answered in 9 hours by:
11/14/2017
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 7 months ago
Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 14,415
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
Verified

Hi My names Lane -

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, on three continents, since 1986.

...

The front lines clerks that process these claims will always err on the side of NOT paying benefits, in my experience. And I've been helping clients with Social Security issues for 30 years. Your best recourse here is to use the appeals process that exists under Social Security law.

...

The initial appeal is called "reconsideration" and involves a review of the original claim. But while most reconsideration requests are denied, claimants may then request a hearing with an Administrative Law Judge. Applicants whose claims are again denied or otherwise do not result in the desired outcome may request a review by the SSA Appeals Council, followed by a claim in federal court.

...

Your case will turn (once you get to a level where you have a reasonable "ear," likely the appeals council) on showing that the first divorce was never finalized. Be sure to use the system. At every level, once you are formally denied,, you will get a letter. That letter will provide both a deadline for the next proceeding and the process for doing so.

...

Here's the form you'll need for starting the process by requesting a reconsideration. DO NOT let some front lines clerk at Social Security tell you that this form is for disability claims only. The appeals process under the Social Security Act, although used by thousands for disability appeals, IS the due process provided for all, under the act.

...

https://www.ssa.gov/forms/ssa-561.pdf

...

When sending, send by certified mail so that you'll have proof you sent

Ask Your Own Social Security Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a social security expertLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lane Your Own Question
Lane
Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 14,415
14,415 Satisfied Customers
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986

Lane is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

dylatess

dylatess

ATTORNEY

3,441 satisfied customers

37 plus years of SSD practice

Megan C

Megan C

Certified Public Accountant (CPA)

4,565 satisfied customers

Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level

LawTalk

LawTalk

Attorney

3,065 satisfied customers

I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.

R. Klein, EA

R. Klein, EA

Accountant

334 satisfied customers

Tax & Social Security Benefits specialist

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

233 satisfied customers

Licensed in multiple jurisdictions, experienced business attorney.

AttorneyTom

AttorneyTom

Attorney

16 satisfied customers

Attorney

Stephanie O Joy, Esq

Stephanie O Joy, Esq

Soc. Sec. Attorney

3,234 satisfied customers

22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.

< Previous | Next >

Related Social Security Questions
If spouse has to go in nursing home, doe to dementia? Does
If spouse has to go in nursing home, doe to dementia? Does all. There social security and pension if any, has no savings, does the home take away his money? … read more
ABC Accounting Group
ABC Accounting Group
Bachelor\u0027s Degree
840 satisfied customers
I claimed survival spouse benefits but denied because our
I claimed survival spouse benefits but denied because our marriage last only for 6mos. after he had heart attack.If the requirements at least 9 mos. in marriage, if I dont qualify what other benefits … read more
Ray
Ray
Lawyer
Doctoral Degree
32,970 satisfied customers
My spouse is 70 yrs. old and retired drawing social
My spouse is 70 yrs. old and retired drawing social security. I am 65 yrs. old and working. I have read about a special benefit where I could draw a monthly check from my husbands social security. I n… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
If a spouse is receiving disability benefits and her husband
If a spouse is receiving disability benefits and her husband dies, can she receive part of his social security benefits in addition to her disability … read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
Surviving spouse not qualified for pension due to government
Surviving spouse not qualified for pension due to government pension offset. Can son on ssi disability qualifie for part of her pension. She was slow provider for son … read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Soc. Sec. Attorney
Doctoral Degree
3,234 satisfied customers
What benefit(s) accrue to the surving spouse of a deceased
what benefit(s) accrue to the surving spouse of a deceased person? Both parties are retired and both receive SS benefits (income.) … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Under what conditions can a spouse (in this case a wife who
Under what conditions can a spouse (in this case a wife who is receiving her own social security check) receive one half of her husband's social security check which is larger. … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I want to file on my spouses social security. Is that
I want to file on my spouses social security. Is that benefit expiring on June 1, 2018? … read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
Requesting a Social Security Attorney please) My spouse and
Requesting a Social Security Attorney please) My spouse and child were recently added to my SSDI to receive auxiliary benefits. After our appointment with a very kind, and knowledgeable SSA office emp… read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Soc. Sec. Attorney
Doctoral Degree
3,234 satisfied customers
Divorcing. Can I obtain some funds from spouse's SS account?
divorcing. Can I obtain some funds from spouse's SS account? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,897 satisfied customers
My child and spouse are receiving auxiliary benefits through
My child and spouse are receiving auxiliary benefits through my SSDI. My spouse is the designated payee for my child. However, both my SSDI benefits, my child's auxiliary benefits and spouse's auxilia… read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Soc. Sec. Attorney
Doctoral Degree
3,234 satisfied customers
If your spouse passes, both of u are seniors. Is the
If your spouse passes, both of u are seniors. Is the survivor entitled to … read more
abci168
abci168
Principal
27 satisfied customers
How do I apply to receive spouse's benefits while spoue is
How do I apply to receive spouse's benefits while spoue is currently receiving benefits? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Spouse is disabled. Ex-wife is receiving ssdi check in
Spouse is disabled. Ex-wife is receiving ssdi check in behalf of minor child (in excess of child support) Is spouse entitled to this money (he's the disabled one - custody is 50/50) … read more
Bryan M.
Bryan M.
Owner
Masters of Accountancy
147 satisfied customers
Date of Death 08/28.2016..Spouse, ***** ******. Husband was
******- ******* Date of Death 08/28.2016..Spouse, ***** ******. Husband was drawing $1664.00 before death. My SS was $1255. Why is my SS so low AFTER his death? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How to precede after spouse has died. My spouse has died.
My spouse has died. How to apply for benefits? I already receive a small benefit … read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,249 satisfied customers
How do I apply for death benefit of spouse, My spouse passed
My spouse passed away 12-9-17. I'm told there is a $250 burial benefit payable to the surviving spouse. … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
If a spouse dies and the deceased spouse ss has been
If a spouse dies and the deceased spouse ss has been activated and the others has not, can the surviving spouse collect the ss of the deceased until 70 when they then activate their own ss? They make … read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x