Ask Larry

Is There A Lawyer Who Could Help Me Sort Our My Benefit Options?

I lost my husband in 1987. I’m now 62 and still working. Should I file for my social security now and switch over to the widow benefits at my full retirement age? My husband was the main wage earner. I have been trying to get a lawyer to help me sort this all out, is there such a person? Thank you for your time. Judy

Hi Judy. I'm sorry for your loss. Virtually all of the attorneys who specialize in Social Security law concentrate on disability benefits. It shouldn't be necessary for you to have an attorney to determine your best plan for claiming Social Security benefits, though.

If you're positive that your unreduced widow's benefit rate would be higher than your own Social Security retirement benefit rate even if you delayed filing for your own benefits until age 70, then you would likely want to a) claim your own benefits now or as soon as your earnings would allow you to be paid at least some benefits, and b) file for unreduced widow's benefits when you reach your full retirement age (FRA). However, if your own benefit rate at age 70 would be higher than your unreduced widow's benefit rate then you'd likely want to claim widow's benefits first and wait until age 70 to claim your own benefits.

Whether or not you could draw benefits right now depends on your potential benefit rate and the amount that you're earning. Social Security's earnings test would require withholding $1 of your benefits for each $2 that you earn in excess of $18960 this year. Our software (https://maximizemysocialsecurity.com/purchase) could help you sort all of this out so that you can determine your optimal strategy for claiming your benefits.

Best, Jerry

Posted: 
Apr 3 2021 - 7:36am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.