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Surviving spouse not qualified for pension due to government…

Customer Question
Surviving spouse not qualified...

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

Accountant's Assistant: Are there other sources of income (wages, interest, dividends, etc.)?

For son?

Accountant's Assistant: Anything else you want the Retirement Accountant to know before I connect you?

Son gets under five thousand per year on ss i diability

Submitted: 2 months ago.Category: Social Security
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Answered in 1 hour by:
5/31/2018
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 2 months ago
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,637
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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Hi, my name is***** .I have been practicing SS LAW full time for 12+ years, exclusively, and look forward to assisting you.

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Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 2 months ago

Do you mean the surviving spouse of one who recently passed had his/her own government pension (not Social Security pension) ? And he/she is learning that because of that pension, he/she, not being "dependent" on the deceased for survivor benefit purposes, can not take a dependent survivor social security benefit based on the GPO provision? Assuming that is correct...

A disabled minor child of the deceased CAN get a dependent benefit, generally, up to 75% of the deceased parent's work record. A disabled adult child can get a DAC or CDB benefit based on the deceased parent's work record IF that child can prove (or already did) that he/she became disabled (as defined by SSA) before age 22.

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Customer reply replied 2 months ago
You answered my question completely,thank you. My son wasn't diagnosed for m.s. Untill he's early thirtys so he can't apply for her survivor benefit. Just have to politic for change in the law (fat chance). Thanks again.
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 2 months ago

You are welcome, please don't forget to rate with the 5 stars!

By way of further explanation - With regard to DAC and not "later" disabled people - I think the purpose is to allow people who had no chance of working as an adult, thereby no chance of their own SSDIB, through no fault of their own, be allowed social security through a parent that did work and pay for that coverage. For those that became disabled NOT as very young people, they had the chance to work and earn and buy their own SSDI had they chosen to. As such, they did not enter into adulthood dependent on a parent in the SS sense. If your so -n worked prior to being disabled by MS, he should have won his SSDIB (which prevails over SSI).

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