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Social Security and the Death of a Spouse

Howard and Marion had been married for 42 years when Howard died. Howard was collecting Social Security retirement benefits at the time of his death. Marion had been a housewife all her life and had never paid Social Security taxes. Marion wondered whether or not she would be entitled to continue to receive the Social Security benefits that her husband, Howard, was receiving before his death.

Under the Social Security guidelines, Marion would be able to receive the benefits. But the amount that she will receive will depend upon her age. If she is already at retirement age (in Marion’s case 65 yeras old), she will get 100% of her Howard’s benefit. A widow or widower between sixty years old and full retirement would receive a reduced amount.

Normally, Social Security is considered an “earned benefit”. In order to collect it, a worker must pay into the system for at least ten years. Marion, being the spouse of an eligible worker, is one of the exceptions.

If you have questions about a Social Security claim, contact me at tcummings@dlplaw.com// or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

INJURY? (570) C-A-L-L-D-L-P

570-225-5357

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