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melissa scott
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, September 10, 2001 - 11:05 pm: | 
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In 1998, my mother drew a widow benefit from my fathers social sercurity under his SS number. Now she has been entitled to SS full disability benefit. The onset date goes back to 1998. In establishing her due benefit from 1998 to present, they are deducting the widow benefit she recieved from 1998 to 2000, which is under deceased SS number. How can they penalize her disability benefits from benefits recieved under deceased SS number? Benefits are listed under two different SS numbers. From June 1998, she drew widow benefit only. In 2000, she drew retirement benefit. In 2001, she was awarded disability benefit, but not starting on actual onset disability date. We appealed the decision and was awarded benefits back to actual onset disability date.
Reply by PaulSorry; not much to do about it. In general, you get the amount of money that would be paid under the largest check you would be entitled to. You cannot stack one check on top of another.
Good work in appealing onset date.
If you are disabled and can retire at under 65, always file for disability as well as retirement. |
Dana Harris
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, January 22, 2002 - 4:40 pm: |
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I am a 59 year old divorced female. I have a claim in appeals council for title II disability. My exspouse died last year. He worked and paid into social security for forty years. We were married for 27 years. My question is..
when I turn 60 will I be intitled to survivors or widows benefits on his earning record? If so, what percent will I get? If my claim is remanded and approved, how will benefits be determined? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, January 26, 2002 - 5:07 am: |
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The answer is, probably; be sure to apply; I think you would get a percentage of what he would get, or else whatever you would get under your own record. Generally, you should pursue both claims and take whichever check turns out to be higher. There usually advantages to each check. For example, you will get Medicare faster if you get a disability check under each record; but you will get a retirement check on his record whether you prove disability or not.
The longer answer is, here are all of the rules on the question of benefits for a surviving divorced spouse; they show why attorneys rarely say yes or no, and why they either go bald or gray:
§ 404.336 Who is entitled to widow's or widower's benefits as a surviving divorced spouse. [20 CFR SEC 404.336]
Current through August 7, 2001; 66 FR 41430
You may be entitled to widow's or widower's benefits as the surviving divorced wife or the surviving divorced husband of a person who was fully insured when he or she died. You are entitled to these benefits if--
(a) You are the insured's surviving divorced wife or surviving divorced husband and--
(1) You were validly married to the insured under State law as described in § 404.345 or are deemed to be validly married as described in § 404.346; and
(2) You were married to the insured for at least 10 years immediately before your divorce became final;
(b) You apply, (with exceptions omitted)
(c) You are at least 60 years old; or you are at least 50 years old and have a disability as defined in § 404.1505 and--
(1) Your disability started not later than 7 years after the insured died or 7 years after you were last entitled to mother's or father's benefits or to widow's or widower's benefits based upon a disability, whichever occurred last;
(2) Your disability continued during a waiting period of 5 full consecutive months, (with complicated, rare exceptions, omitted);
(d) You are not entitled to an old-age benefit that is equal to or larger than the insured person's primary insurance amount; and
(e) You are unmarried, unless for benefits for months after 1983--
(1) You remarried after you became 60 years old; or
(2)(i) You are now age 60 or older;
(ii) You remarried after attaining age 50 but before attaining age 60; and
(iii) At the time of the remarriage, you were entitled to widow(er)'s benefits as a disabled widow(er); or
(3)(i) You are now at least age 50 but not yet age 60;
(ii) You remarried after attaining age 50; and
(iii) You met the disability requirements in paragraph (c) of this section at the time of your remarriage (i.e., your disability began within the specified time and before your remarriage).
(Message edited by admin on March 13, 2006) |
Liz Hayes
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 19, 2002 - 5:40 pm: |
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My mother-in-law has recently applied for disibility benefits. She is 58. Her husband is deceased. She missed the 7 yr window for applying under her husbands name by 6 mos. She has been denied for his portion of the benefit. Will she be able to receive his portion when she turns 60? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 02, 2002 - 5:42 am: |
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Liz, this answer is shorter than most: Yes, in most cirumstances. |
Jenny Taylor
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, October 14, 2003 - 1:23 pm: |
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I am 47 years old and was receiving ssi benefits and my children were receiving benefits from my deceased husbands work record. When I remarried I lost my ssi benets and kids continued to receive benefits. Now, after four years of marriage am divorcing my new husband who is working. And I am able to work.
Can I go back and get my ssi from my first husband who is deceased. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, November 02, 2003 - 5:49 am: |
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Jenny, you were not getting SSI on your husband's record; if you were never disabled, you must have been getting mother's benefits, as the mother of his child. You get these where he is deceased, you are unmarried, and you have a child in your care who is under 16 years old. When you get divorced, you once again become "unmarried," and so become entitled to benefits.
If you choose to work, your benefits will be reduced after a certain amount of earnings, just like they do for someone who retires at 62.
If you start drawing benefits, it is probable, but not certain, that the total benefits to the family will increase. There is a "family maximum" that is the limit that one family can draw. If you reach that maximum, for every dollar you get, one of your children gets less. |
Amy Szozda
Rating: 
Votes: 1 (Vote!) | | Posted on Friday, October 24, 2003 - 10:15 am: |
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My Step-mother died 10/07/2003. Her and my father owned their own business. She was 57, he will be 50 this year. They had no insurance, life, medical, nothing. The funeral was over $5,000., and just for the ICU ROOM, was $23,000. Waiting for the doctors bills. Unfortunatally, even though they owned their own business, it just barely brings in enough to cover itself and household bills. I am wondering if there are any Social Security benefits he may be eligible for.
Both of them have worked for 20+ years. All of the children are over 18, and none living at home.
Any suggestions? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, October 26, 2003 - 5:44 am: |
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I assume that your father is healthy. In that case there is nothing, except the small death benefit of a few hundred dollars, that the Social Security system offers.
I do not know a lot about ways to get all of the bills you list taken care of; and it is probably important that he protect his business.
One obvious question that he needs to get answered by a local attorney is whether he is liable on the bills. If he is not, he should seriously consider not paying them.
If he is liable, he might talk to a bankruptcy attorney. There are ways to avoid the bills, and ways to force creditors to take just a little each month. Both approaches have advantages and disadvantages.
These are by no means a complete list of suggestions. |
Billie edgar
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, September 23, 2003 - 11:59 am: |
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could you help me my husband was diagnosed with cancer on october 2 2002 he died march 2 2003. he worked all hes life. i have never woked he always took care of me.He signed up for Disabilty Social security he was 52 and he was approved hes firt check was sapose to be April 1 2003 but he passed away march 2 he never got a check at all from them just 299 for hes funeral. Now they tell me i cant draw a check from hem at all. he is also a veteran he did get a check from them once a month and now i draw a little check from veteran. i am 52 and never worked. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, November 02, 2003 - 4:29 pm: |
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Are you disabled? If so, you can file for widow's benefits on his record, since you are over 50 and it has been less than 7 years since he died. Take care. |
susan black
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, April 17, 2004 - 1:07 pm: |
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My Husband was diagnosed with cancer on march 15 of 2001. He passed away april 1 2002.Since iv never worked am i entitled to widows benefits.My children are grown.I'm 51 years old. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 26, 2004 - 5:26 pm: |
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Yes, since you are over 50 and it is within seven years of his death. |
Merrell
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, May 12, 2004 - 11:30 pm: |
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My husband died recently. He was disabled and on social security and va disability. I am also disabled. I have been told by ss that all I can expect is the burial amount and a slight increase to the amount of his ss disability. I will no longer collect my disability. Does anyone know if the ss payments will be adjusted due to the fact that I am disabled. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 15, 2004 - 6:30 am: |
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I am sorry to hear about your loss. The short answer is, "it depends."
Once you are 50, if it is less than 7 years from his date of death (that time period is extended by any time you draw mother's benefits), you can draw widow's benefits on his record. This is a percentage of what he drew. If that is more than what you draw now, you will get that larger check if you apply for it.
Once you are 60, you can probably draw retirement on his record. Again, your check on your own record might be bigger, and you get whichever check is bigger.
If you are drawing SSI and that was reduced because of his income, since his income has ended the SSI check should go up some.
There are a few qualifications that I am not mentioning here; you should of course check with a lawyer.
(Message edited by admin on March 13, 2006) |
Charlotte Gibbs
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, November 08, 2004 - 1:16 pm: |
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My husband who is deceased on disablity. His disablity was the main source of income. I am 55 years and is only working parttime. Can i still receive his disablity benefits? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 935
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, December 30, 2004 - 7:10 am: |
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I only claim to know much about Social Security and SSI. I am not sure about Veteran's benefits. You might try the VA website, which is very helpful. www.va.gov. |
Patricia A. Henke (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, February 10, 2006 - 12:00 pm: |
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My husband pasted away in 1998 and was on disability for lung cancer. I am not able to work for 6 months due to a torn rotater cuff. I am 57 years of age. Is there any help out for me to keep my insurance at my job till I can return to work. |
cnl messina (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, February 13, 2006 - 6:11 am: |
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My recently divorced wife past away. She was on disability and I work full time. We were married for 18 years. We have a 19 yr. old daughter. My question is, am I eligble for any type of benifits from S S I ? Do I need representation? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1116
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 1:21 pm: |
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cnl: I assume you are asking about a check for you, as opposed to your daughter.
If that is the question, assuming you have a decent income and assuming that your daughter is not disabled, you are not entitled. The father of a child who is drawing off his spouse's record can get a small check if the child is under 16 or disabled. But that father must also have a pretty low income. |
Kevin o'bannon (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, February 16, 2006 - 3:27 am: |
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I am a widowed father of 3 childern mywife pased away 10/11/01 i received checks on the be half of my children till i was conviced of a felione on 8/2/04. I was reliced on 12/27/04. Since my incareration the checks were coming to my sister who had tempory costey of them or was their gardean. teii i was reliested on parole. my flat date is 7/31/06 when can iresume to get their checks. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1115
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 1:16 pm: |
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Kevin: You should go down and tell the Administration that you are not incarcerated. If they don't start up the check, see a lawyer. |
wanda ege (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, February 20, 2006 - 3:15 pm: |
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I AM 55 YEARS OLD AND AM GETTING A WIDOWS PENSION FROM MY HUSBAND OF 27 YEARS.I ALSO HAVE A 35 YEAR OLD MENTALLY HANDICAPPED DAUGHTER WHO DRAWS ON HIS SOCIAL SECURITY. CAN ME AND A FRIEND BUY A HOUSE TOGETHER SINCE I CANNOT AFFORD ONE ALONE. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1114
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 1:09 pm: |
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Wanda: If your friend is male in some states you might have a problem, and maybe in all states. I am not sure. Talk to a Social Security lawyer in your state. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, February 27, 2006 - 4:23 pm: |
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My Ex Husband has retired from the military. Can someone explain - Am I entitled to a part of his pension. Hope you can help. And if so where do I go to apply. Thanks in advance |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1113
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 1:06 pm: |
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Anonymous: Sorry; I don't know much about anything but Social Security disability and worker's compensation. |
mary ramsey (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, March 13, 2006 - 1:09 pm: |
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i lost my husband in 2000 at the age of 57. i will be 60 this year and was told that i was not entitled to any kind of benifits until i turned 60 since i was not old enough or disabled. is this true, also if i was to remarry will would i lose any benifits that i was entitled to. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1112
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 1:05 pm: |
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Q. is this true?
A. Yes.
Q. also if i was to remarry will would i lose any benifits that i was entitled to.
A. Pretty much; There are some exceptions, though; these are so complicated that anyone who is drawing disability and thinking about getting married should sit down and talk with an attorney. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, April 02, 2006 - 10:28 pm: |
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My mother is 68 years old and collects social security benifits. she is currently in a nursing home due to a stroke. she is mentally compatent but has no use of her right side. My father is also 68 years old and collects social security benifits and retirement benifits. He has been diagnosed with terminal cancer. He has been given 1 to 6 months to live. Will my mother be able to collect on my fathers social security/retirement benifits? |
Shelly Webster (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, April 09, 2006 - 11:01 pm: |
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My sister has comitted suicide, and has left a husband and a 16 year old son. What benefits do her survivors receive? She was receiving statements about how much she had paid and what the survivors benefits were, but I can't make heads or tails out of it. |
Linda Kunkle (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, June 25, 2006 - 11:40 pm: | |
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