Legal Question in Social Security Law in New Jersey

Social securtity

If my husband and I both on SS and he dies can I elect to take his and drop mine?


Asked on 5/29/09, 10:00 am

1 Answer from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: Social securtity

No. His monthly benefits stop on his death.

But you should inquirer about spouse's survival benefits, based on his record. If that amount is higher than what you receive on your earnings record, you can elect to take that amount instead of your retirement benefit.

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Answered on 5/29/09, 12:26 pm


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