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Social Security Question; Widows benefits

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broncovet

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Im hoping someone knows at least a blogsite where I may get some information on Social Security Widows benefits.  

My wife is a widow.  She lost her husband in 2004, and we got married in 2006.  She was about age 55 when we got married, and she was working as a nurse.  My question is can she get widows benefits on her late husband's social security?  

The way I read the social Security regulation is that she can still get benefits for social security on her late husband, even when she remarries provided that:

1.  She is age 60 or more or

2.  She is age 50 or older if she is disabled.  According to the regulation, she need not be "disabled" at the time of remarriage, but only "Entitled to benefits as a disabled person" AND between 50 and 60 years old.   With VA there is a big difference between "entitled" to benefits, and getting them.  Of course, you have to be "entitled" first..you dont get nothing if not entitled.  

Example:  A Veteran can get SC benefits  "if entitled".  "If entitled" means you met the criteria.  For example, you have to have the required periods of service, as well as the requisite military discharge.  A dishonorable discharge will probably eliminate you from many/most VA benefits.    There is a big differnce between "eligible" or entitled, to getting benefits.  "Eligible" means you might get them..you meet some of the criteria..

Hopefully someone can answer or at least provide an attorney or social security expert or blog.  Thanks. 

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Broncovet:

I can't answer your question but Social Security has a toll free number at 1 800 772 1213. Perhaps they can tell you over the phone. They have been very helpful to me when I call as I am not only 100% P&T but collect SSDI as well. Good luck.

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This link says about the same thing Broncovet

http://socialsecurityinfo.areavoices.com/2013/04/04/ssa-survivor-benefits-when-a-second-marriage-ends-then-what/

Also if she is a member of AARP or even if she isn't , they have good info on this at their web site, I am sure.

A divorced and un remarried person can often collect SSA benefits on their deceased former spouses' record if they meet the other requirements for SSA.

 

 

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I believe she can get part of her decease  hubby SS .

My mother-in law applied on her Ex AFTER he died  & got a part of his SS... he had remarried & was married to No,2 for 22 years before he died, but his Ex she remained single...so that maybe the stopper  if you remarry then she may not be entitled.

That or if your spouse is on SSI Disability.

So both of his widows was getting a part of his SS.

jmo

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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