Can We Draw Both Social Securities?

[rway]

My husband (age 65) passed away and my daughter and I are now receiving his social security. (she gets 1/2 and I get 1/2) I want to put in for social security for myself, do to my disabilities. What happens to his social security, If I win my case? Will my daughter receive my 1/2 of my husbands social security?

rway

[free_spirit_etc]

Rway,

http://www.socialsecurity.gov/OP_Home/cfr20/404/404-0403.htm

The above link provides a pretty good explaination of how benefits can offset each other. Basically, you daughter wouldn't get the amount you are now receiving - but if some of her benefits are reduced - for the family maximum, then you drawing some or all on your own record would help boost hers in proportion.

They have all kinds of formulas for how they figure things out. The Social Security office would most likely be the best place to check. They could probably give you pretty close to the actual figures - so you would know for sure, instead of guessing.

My son has been on SSI for 15 years. Currently I am having all kinds of problems with a couple SSA employees at our local office, but overall, through the years, I have found MANY Social Security workers to be people who really wanted to help claimants all they could.

Free

My husband (age 65) passed away and my daughter and I are now receiving his social security. (she gets 1/2 and I get 1/2) I want to put in for social security for myself, do to my disabilities. What happens to his social security, If I win my case? Will my daughter receive my 1/2 of my husbands social security?

rway

[Pete53]

As I understand it you have the choice of taking your husbands or yours whichever is higher but not both. So if I am right you will be able to choose between yours at 100% or your husbands at 100% and I also think that you should be getting 100% of your husbands after you reached 60 and he had passed.

You really need to talk to someone at Social Security I think that you are leaving money on table.

[free_spirit_etc]

I am also not clear on the remark that you are getting one-half of your husband's benefits and your child is getting one-half of them.

One-half is usually the amount that can be paid in LIFE cases. In death cases - the amount goes up to three-fourths. Even if this is reduced somewhat based on the Family Maximum, your daughter and you combined should be drawing MORE than 100% of the benefits your husband drew. The family maximum ranges from 150% to 180%.

Were you drawing benefits before your husband's death? They should have recalculated for survivors benefits after he died.

And Pete is right - if disabled - (and over 50) you could draw 100% of what your husband's benefits were. Or 100% of your own. Whichever is higher, or which ever works better for your family situation.

Social Security should figure out all the possibilities for you - and let you choose which way to get paid.

In a round about way - you do KIND of draw both if you draw on your own - as an offset against what you are drawing off him.

Say your husband's benefit was 800 a month - and the family maximum was 1200 a month. On your husband's death, both your daughter and you could receive 600 per month each - which is 3/4 of HIS PIA (Primary Insurance Amount) - and falls within the family maximum.

However, if based on disability - you could start drawing 100% of his benefit - your daughter benefit would be reduced, because 800 and 600 would put you above the family maximum.

BUT if you also have work credits - where you could earn, say 500 a month on your own record - It should be calculated where you were actually getting 500 from your OWN benefits, and 300 from your husband's (to take you up to the maximum HE was paid). Since part of your 800 would be 500 of YOUR own - and you were only using 300 of HIS - Your daughter should be able to receive her FULL 3/4 - or 600 a month - as the 300 (You) and 600 (her) you are drawing from HIS benefits is under the family maximum.

If you are under 50 - I don't think you qualify for 100 percent of his benefit yet, even if disabled. But you could still establish disability - and draw the greater of 3/4 of HIS or 100% of YOURS - (His being contingent on having a child in care.)

Or again, a combination of the two (NOT FULL pay of both - but drawing FROM both records, as in the situation above) with them offsetting each other.

But once you turn 50 - then the eligibility to 100% of HIS would kick in.

In answer to your question - if you draw your own benefits, will your daughter get the half of your husband's benefits that YOU are now drawing?

No. A child does not receive 100%. Only the spouse can do that. But the child can receive 3/4 of his benefit.

But again, you SHOULD each be drawing MORE than one-half NOW.

And the Social Security office should figure out the different amounts that would be paid under different means of entitlement - based on your disability - and let you draw the BEST one.

Free

As I understand it you have the choice of taking your husbands or yours whichever is higher but not both. So if I am right you will be able to choose between yours at 100% or your husbands at 100% and I also think that you should be getting 100% of your husbands after you reached 60 and he had passed.

You really need to talk to someone at Social Security I think that you are leaving money on table.

[john999]

I understand that a spouse who starts to get SSA can get her own SSA or half of her living husbands SSA whichever is higher. That would be the same for a man or woman. For instance, my wife when she gets SSA will get less on her own than if she gets half of what I get.

[rway]

I am receiving $720 and my 2 yr old is receiving $720. Yes, we probably are receiving 3/4 of his social security. He was getting $576.00, I was getting $144 and my daughter was getting $144. Now each of us are getting $720.

So, if $720 is 3/4 of his benefits, my daughters, benefits would not change at all. If, I am understanding you right.

If my disability pay is greater than $720, I should apply for my disability social security.(as long as the maximum for family is greater than the $1440 we already receive)

I am only 45 and my daughter is 2. But I just received an unofficial letter from the DAV, stating that my service connect disabilities have increased to 90% and was awarded TDIU, and there are 2 more disabilities in reprimand.

I have been trying to get ahold of the social security via phone, what a nightmare. I guess I will have to actually go to the place.

Thanks for all the insight.

RWAY

[free_spirit_etc]

The way it is adding up - it does look like you each get one half of his added to what you got before. But it is most likely a recalculated PIA for him - and then you each get your share.

Sounds like a good idea to get the SSA disability started. As once you file, those quarters without earnings won't keep ticking against you. And again, they should calculate your benefits each possible way, once you are declared disbled by them, and let you choose which benefit you want to receive.

Free

I am receiving $720 and my 2 yr old is receiving $720. Yes, we probably are receiving 3/4 of his social security. He was getting $576.00, I was getting $144 and my daughter was getting $144. Now each of us are getting $720.

So, if $720 is 3/4 of his benefits, my daughters, benefits would not change at all. If, I am understanding you right.

If my disability pay is greater than $720, I should apply for my disability social security.(as long as the maximum for family is greater than the $1440 we already receive)

I am only 45 and my daughter is 2. But I just received an unofficial letter from the DAV, stating that my service connect disabilities have increased to 90% and was awarded TDIU, and there are 2 more disabilities in reprimand.

I have been trying to get ahold of the social security via phone, what a nightmare. I guess I will have to actually go to the place.

Thanks for all the insight.

RWAY