My Mom and Dad both received social security, over 70. Dad's was more. Mom works a little part time, but not enough to stop her SSA payments or pay taxes. Dad went to be with the Lord in 2022 and Social Security did not give her Dad's SSA payment. What they did was Jerry rig his percentage so in the end she is now ONLY receiving the equivalent of Dad's SSA payment. Her fixed-income was cut almost in half! Isn't she entitled to 100% of his payment without losing her own? Do we need a lawyer?

Hi. I'm sorry for your loss. The answer to your question is no, your mother isn't entitled to be paid both your father's full amount and her own benefit amount. The surviving member of a couple can only be paid the equivalent of the higher of their two benefit rates, not both.

When a spouse with the higher benefit rate dies and if both members of the couple are at least full retirement age (FRA) and drawing their own benefits, the surviving spouse continues to be paid their own benefit rate plus a partial survivor benefit equal to the difference in their own benefit rate and their deceased spouse's full rate. The result is that the surviving spouse then receives a combined benefit equal to the higher spouse's full amount.

Best, Jerry