Legal Question in Social Security Law in California

Social Security Survivor's Benefits

My husband is 11.2 years older than

I. He has worked full-time for 35+

years, and is fully vested for SS. I

have been able to work only

sporadically because of a disability, so

my lifetime earnings are very low,

but I have been unable to qualify for

SSI or SSDI. If he predeceases me

before I turn 62, will I receive any

benefits at all from his years of

contributions? We put everything we

can into a 401K, but it is not

projecting out to be enough to live on

without the benefit of my husband's

SS. My doctor doubts that I would be

able to work full-time, and I am very

frightened at the prospect of being

unable to consistently support myself

if something were to happen to my

husband before I reach retirement

age, especially if I were without

medical insurance. I'd be grateful for

any information you could provide

about our options. Thank you.


Asked on 12/26/07, 1:14 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Social Security Survivor's Benefits

Hello!

The rules are relatively simple in concept:

1. If you have been married for 10 or more continious years, then you are fully vested INTO YOUR HUSBAND'S ACCOUNT.

2. Since you do not earnings qualify, you can only "take" derivitively through your husband's account.

3. If your lifetime earnings "qualify you" tunder your own retirement account, then you can "take" through yours as well. There is a "stacking" but not an adding together of thetwo accounts. The sum of the two is less than the added sum.

4. If your husband passes first and you are not then of retirement age, you may be entitled to survivor's benefits but will have to wait.

I hope this has been helpful

Regards,

Mark Geyer

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Answered on 12/27/07, 3:28 pm


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