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Social-Security-Disability-Forum » Benefits for Widows, Widowers, and Surviving Divorced Spouses  

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melissa scott

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Posted on Monday, September 10, 2001 - 11:05 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Dana Harris

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Posted on Tuesday, January 22, 2002 - 4:40 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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?
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Paul McChesney (Admin)

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Posted on Saturday, January 26, 2002 - 5:07 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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)
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Liz Hayes

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Posted on Tuesday, February 19, 2002 - 5:40 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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?
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Paul McChesney (Admin)

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Posted on Saturday, March 02, 2002 - 5:42 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Liz, this answer is shorter than most: Yes, in most cirumstances.
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Jenny Taylor

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Posted on Tuesday, October 14, 2003 - 1:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Paul McChesney (Admin)

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Posted on Sunday, November 02, 2003 - 5:49 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Amy Szozda

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Posted on Friday, October 24, 2003 - 10:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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?
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Paul McChesney (Admin)

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Posted on Sunday, October 26, 2003 - 5:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Billie edgar

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Posted on Tuesday, September 23, 2003 - 11:59 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Paul McChesney (Admin)

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Posted on Sunday, November 02, 2003 - 4:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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susan black

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Posted on Saturday, April 17, 2004 - 1:07 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Paul McChesney (Admin)

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Posted on Monday, April 26, 2004 - 5:26 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Yes, since you are over 50 and it is within seven years of his death.
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Merrell

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Posted on Wednesday, May 12, 2004 - 11:30 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Paul McChesney (Admin)

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Posted on Saturday, May 15, 2004 - 6:30 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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)
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Charlotte Gibbs
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Posted on Monday, November 08, 2004 - 1:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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?
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Paul McChesney (Admin)
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Posted on Thursday, December 30, 2004 - 7:10 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Patricia A. Henke (Unregistered Guest)
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Posted on Friday, February 10, 2006 - 12:00 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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cnl messina (Unregistered Guest)
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Posted on Monday, February 13, 2006 - 6:11 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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?
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 1:21 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Kevin o'bannon (Unregistered Guest)
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Posted on Thursday, February 16, 2006 - 3:27 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 1:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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wanda ege (Unregistered Guest)
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Posted on Monday, February 20, 2006 - 3:15 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 1:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Anonymous
 

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Posted on Monday, February 27, 2006 - 4:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 1:06 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous: Sorry; I don't know much about anything but Social Security disability and worker's compensation.
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mary ramsey (Unregistered Guest)
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Posted on Monday, March 13, 2006 - 1:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 1:05 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Anonymous
 

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Posted on Sunday, April 02, 2006 - 10:28 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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?
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Shelly Webster (Unregistered Guest)
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Posted on Sunday, April 09, 2006 - 11:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Linda Kunkle (Unregistered Guest)
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Posted on Sunday, June 25, 2006 - 11:40 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 58 and my husband died Feb 2005, I am drawing Va Widows pension of 1083.00 per month. When can I file for Social Security and will my VA pension be eliminated if I do? I support a 23 year old disabled son who drew SSI till age 18 and we are currently in an appeal as he is still disabled (bipolar/ schezonfrenia/ Hep C/blind in one eye etc).
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Cecilia Price (Unregistered Guest)
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Posted on Sunday, July 02, 2006 - 9:04 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My brother is 55 and he's on disability. Since he's a mental patient, he has to have a "guardian" to receive his check and oversee the spending of it.
But that's not my question. His wife recently passed away. She was disabled, and drawing benefits. He got a letter than was addressed to his late wife, that sounded like HE
was the one who died. He does not need all this confusion and stress. He's applied for widower's benefits...he will get his widower's benefit, won't he? Because I assured him that he would.

Thanks
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Anonymous
 

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Posted on Thursday, July 13, 2006 - 9:40 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my husband is receving disability he recently staated receivng it we are still married but not together can you give me some info on this matter. am i entitled to anything and was i suppose to have signed any document he keeps calling me for a copy of my ss card and birth certificate
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Diana Pajaud (Unregistered Guest)
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Posted on Thursday, July 13, 2006 - 4:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 57 years old and my husband died in 11/06/03. He was recieving full disability benefits. I am I able to recieve his benefit now?

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

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