What Can I Do Legally To Receive My Survivor Benefits From Social Security?

Jan 8 2019 - 10:29am

My ex husband died this year and the Social security will not pay
me Survivor's benefits because of retirement. They classify it as "double Dipping"!
I currently have to sub to pay my debts because of 2 previous bouts with cancer!
As a substitute teacher I currently am paying into social security. This is a rip off! I am not allowed by Social Security to appeal their decision. I am going to hire an attorney. I am in need of that money. I am in debt because of the system that the politicians have designed to keep the middle class down while the rich get massive tax breaks!

I am sick of politicians in their attempts to destroy the middle class while the rich get richer!

What can I do legally to receive my survivor benefits from Social Security? I am in debt and working my butt off going no where!

Hi,

I sympathize with your situation, but I don't have enough information about your case to be able to properly advise you.

You say that Social Security won't pay you survivor benefits because of retirement. I don't know if that means that you're already drawing your Social Security retirement benefits, or if you're still working and earning too much to be paid benefits.

If you're already drawing Social Security retirement benefits on your own record, you could only be paid additional survivor benefits from an ex-spouse's record if the benefit rate payable on your ex's account is higher than your own retirement benefit rate. You can't receive both benefits in full.

If you're under full retirement age (FRA) and still working, Social Security would likely need to withhold $1 of your benefits for every $2 that you earn in excess of $17,640 this year.

Social Security does have a formal appeals process that you can pursue if you file a claim and are dissatisfied with the results. For more information on the appeals process, refer to the following Social Security publication: https://www.ssa.gov/pubs/EN-05-10041.pdf.

Best, Jerry

What can I do legally to receive my survivor benefits from Social Security? I am in debt and working my butt off going no where!