Ask Larry

Should We Appeal?

Hello Larry,
I recently applied for SS at 62 along with benefits for my eight yr old son.
Both were approved, however my wife being 42 and legally married to me for 10 years, was denied spouse benefits under my work record because she does’t have a ssn or
green card. At first she was approved for 50% of my FRA. amount being that she is a stay at home wife and mother until he is 16 but then denied. Should I appeal ?

Hi. It isn't clear from your description whether your wife's claim was disallowed, or if she her claim was approved but her benefits were placed in suspense due to her immigration status. The requirements for receiving child in care spousal benefits depend on such factors as your wife's country of citizenship and residence. In any case, it wouldn't hurt for her to file an appeal in order to have the facts of her case reviewed by someone who wasn't involved in the original determination. There is no financial cost involved in filing an appeal unless you hire someone to represent you, which is not required (https://www.ssa.gov/apply/appeal-decision-we-made).

Best, Jerry

Category: 
Posted: 
Mar 31 2023 - 1:26pm
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