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How Much Of My Deceased Partner's Social Security Can I Receive?

Dear Larry: you've been helpful before..just one more question..I've been receiving my partner s full social security from the home he's been in for the past 4 years ( he's just passed), I am age 57 and on disability ( SSI R), do I continue getting the whole check are 71 percent but can I still collect my SSI ( 950.00). My partners check was 2000.00?. Some say because I was already getting the full amount I get to keep it, but I just don't know..please help.. thank you kind sir!

Hi,

I'm sorry for your loss.

I can't give you a good answer because I'm not sure what you mean by 'partner'. You wouldn't be able to collect any portion of your partner's Social Security benefits unless you were legally married or you were in a relationship recognized as the equivalent of a legal marriage by the laws of your state.

If you were married or have the same legal status as a widow(er), then you could potentially qualify for survivor benefits. You must normally be at least age 60 to qualify for widow(er) benefits, but disabled widow(er) benefits (DWB) can be paid to an eligible surviving spouse as early as age 50. Widow(er) and disabled widow(er) benefits paid starting at age 60 or earlier are paid at a rate of 71.5% of either a) the deceased worker's primary insurance amount (PIA), or b) the deceased worker's full benefit rate if they were receiving more than their PIA because of delayed retirement credits (DRC).

If you're receiving Supplemental Security Income (SSI) and you start getting Social Security benefits, your SSI benefits will be offset essentially dollar for dollar by the amount of your Social Security benefit. But, if you're receiving Social Security disability (SSDI) benefits then you'd continue to receive those benefits. Any additional disabled widow(er) benefits would first be calculated by subtracting your full SSDI rate from a) the deceased worker's PIA or b) the deceased worker's full benefit rate augmented by DRCs, and then that difference would be reduced by 28.5%. However, if a surviving spouse is already drawing SSDI when they start drawing DWB, the 28.5% reduction is removed when they reach full retirement age (FRA).

Best, Jerry

Posted: 
May 8 2020 - 8:23am
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