Snellville, GA asked in Securities Law for Georgia

Q: I am a widow i am asking why can't I draw 1/2 of my husband's social security I am on disability

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1 Lawyer Answer

A: When two married people are both old enough to receive SS benefits, assuming both worked the required amount of time to be eligible, each spouse gets to chose whether they want to claim their own SS benefits or claim spousal SS benefits--usually 50% of whatever the other spouse is receiving. For example, if one spouse is entitled to draw $1,200 per month, the other spouse can elect to get the spousal "add-on" benefit of about $600 per month. And so as long as they are both alive the total benefit the couple would receive is $1,800.

If the husband is the primary beneficiary and his wife is drawing her spousal benefits under his benefit plan, the couple will lose all of the husband's benefits when he dies. The surviving widow will continue receiving her spousal benefit--about 50% of what the husband drew--but will not be entitled to receive any part of the deceased spouses benefits.

If this sounds unfair, I suggest you call your two Senators and your House District Representative and complain about the rich getting richer...etc. .

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