Can I Still Collect Social Security From My First Husband When My Second Husband Dies?

02/07/2011 - Social Security - State: FL #24171

Full Question:

I currently draw SS from my xhusband who is deceased. I have just lost my current husband and wonder If I can draw his SS along with the other. I am 63 years old

Answer:

The answer will dpend on all the facts involved, such as your age and the kind of benefits you receive. Generally, if you remarry, you may still be eligible for survivors benefits on the worker's record if you remarried after age 60 (age 50 if disabled). However, you cannot collect survivor benefits from both husbands, you will only receive benefits from whichever would result in a higher payment if you are eligible for collecting under either one. If your benefits are stopped because of marriage or remarriage, they may be started again if the marriage ends. The chart below includes examples. If you get: Then: Your own retirement benefits Your benefits will continue Spouse's benefits Your benefits will continue if you get divorced and you are age 62 or older unless you were married less than 10 years. Widow's or widower's benefits Your benefits will continue if you remarry when you are age 60 or older. Any other kind of benefits Generally, your benefits will stop when you get married. Your benefits may be started again if the marriage ends. Please see the information at the following links: http://www.socialsecurity.gov/pubs/10084.html http://www.socialsecurity.gov/pubs/10077.html http://www.socialsecurity.gov/survivorplan/ifyou.htm If you receive a pension from a federal, state or local government based on work where you did not pay Social Security taxes, your Social Security spouse’s or widow’s or widower’s benefits may be reduced. Your Social Security benefits will be reduced by two-thirds of your government pension. In other words, if you get a monthly civil service pension of $600, two-thirds of that, or $400, must be deducted from your Social Security benefits. For example, if you are eligible for a $500 spouse’s, widow’s or widower’s benefit from Social Security, you will receive $100 per month from Social Security ($500 – $400 = $100). If you take your government pension annuity in a lump sum, Social Security still will calculate the reduction as if you chose to get monthly benefit payments from your government work. The offset applies only to Social Security benefits as a spouse or widow or widower. However, your own benefits may be reduced because of another provision of the law. For example, if you work for an employer who does not withhold Social Security taxes from your salary, such as a government agency or an employer in another country, the pension you get based on that work may reduce your Social Security benefits. For more information, see: http://www.ssa.gov/pubs/10045.html Please see the information at the following links to determine applicability: http://www.ssa.gov/pubs/10007.html

Please see the information at the following links: http://definitions.uslegal.com/s/social-security/ http://definitions.uslegal.com/s/social-security-tax/ http://definitions.uslegal.com/o/offset/ Please see the forms at the following link: http://www.uslegalforms.com/wills/oregon-will-forms.htm

02/07/2011 - Category: Social Security - State: FL #24171

See more Questions in the Social Security Category