Ask the Experts Archive: Social Security
Q. I'm divorced and recently remarried. I've been receiving Social Security benefits based on my first husband's record. The payments are higher than my current husband's Social Security benefits. Can I continue to receive benefits associated with my first husband's record?
Q. I'm married to a U.S. citizen and have a green card. We plan to retire in England where my children live. Will my Social Security check be sent to me there?
Q. I was married to my first husband for 35 years. He died, and I remarried at age 54 in 2001. I'm divorced now and wonder if I could draw on my first husband's Social Security?
Q. My man and I have been living together for more than seven years and are considered common-law husband and wife under our state laws. If he dies, am I entitled to his Social Security benefits?
Q. My 54-year-old sister has been disabled since her teens. She collects Social Security as an adult dependent under my father's Social Security benefit, but she gets only 50 percent of what he gets. When my father dies (he's 90), will my sister's benefit increase to 100 percent of what my father received?
Q. I'm 60 years old and drive a truck for a living. I didn't pass my last Department of Transportation physical because of my diabetes, so now I'm out of a job. Can I qualify for Social Security disability?
Q. My husband died in 2004, and I thought I'd be entitled to 100 percent of his Social Security benefit, since I was over 65 at the time of his death. But I'm getting only 80 percent, which is the amount he received at age 62. Can you help?
Q. I am getting Social Security benefits based on my deceased husband's record. If I remarry, will I lose my benefits?
Q. Are there statistics on how long the trust funds for Social Security will last?
Q. My mother died in 1995, and my father never applied for her Social Security benefits. Is it too late or could he still apply?
Q. A friend just learned that her employer has been withholding Social Security deductions from her check but hasn't paid into the Social Security Administration for two years. What should she do?
Q. I was married for 25 years to my first wife. I have been married to my second wife for six years. When I die, who will get my Social Security benefits?
Q. I am a married woman who has never been in the paid work force. I chose to stay at home to raise our children. Since I've never received a paycheck from an employer, can you tell me how my Social Security benefits are calculated?
Q. I went to college after becoming an "empty nester." Last year I got laid off from my job, and my unemployment benefits stopped after six months. Now I am having trouble paying off my student loan. Can my Social Security check be garnished until the loan is paid off?
Q. I'm divorced and recently remarried. I've been receiving Social Security benefits based on my first husband's record. The payments are higher than my current husband's Social Security benefits. Can I continue to receive benefits associated with my first husband's record?
A. No, you can't choose. Once you are remarried, you can no longer receive Social Security benefits based on your first husband's work record. You'll become eligible for spousal benefits on your second husband's record after you've been married for 12 months. However, if the benefit based on your own work record is higher, you can opt for that. For more information on Social Security and benefits for divorced spouses, go online to www.ssa.gov/women/women2.htm, or call 1-800-772-1213. —Expertise provided by the Social Security Administration, January 2008
Q. I'm married to a U.S. citizen and have a green card. We plan to retire in England where my children live. Will my Social Security check be sent to me there?
A. Yes, if you qualify. Legal immigrants who've worked for 10 years in the United States are eligible to receive their Social Security retirement benefit if they are residents of certain countries, including the United Kingdom. Check out the publication "Your Payments While You Are Outside the United States" at www.ssa.gov/pubs/10137.html, or call 1-800-772-1213 to request a free copy. —Expertise provided by the Social Security Administration, December 2007
Q. I was married to my first husband for 35 years. He died, and I remarried at age 54 in 2001. I'm divorced now and wonder if I could draw on my first husband's Social Security?
A. Yes. Because you're divorced now, you can receive your first husband's benefits. At age 60, widows who are single and were married at least 10 years can receive spousal benefits. Check out "Survivors Benefits" at www.ssa.gov/pubs/10084.pdf or call 1-800-772-1213 for a free copy. —Expertise provided by Joan Zimmerly, November 2007
Q. My man and I have been living together for more than seven years and are considered common-law husband and wife under our state laws. If he dies, am I entitled to his Social Security benefits?
A. If your state recognizes you're in a common-law marriage, then Social Security will likely find you eligible for survivor benefits. Go to your Social Security office and fill out forms that require statements from both of you and two blood relatives, saying you're in a common-law marriage. You must also submit supporting evidence, such as mortgage or rent receipts, bank records or insurance policies. For details, go online to www.ssa.gov. —Expertise provided by Evelyn Morton, May 2007
Q. My 54-year-old sister has been disabled since her teens. She collects Social Security as an adult dependent under my father's Social Security benefit, but she gets only 50 percent of what he gets. When my father dies (he's 90), will my sister's benefit increase to 100 percent of what my father received?
A. No. It will increase to 75 percent of your father's benefit under Social Security disability rules for children of deceased parents. For more information on this issue, visit the Social Security Administration online or call them at 1-800-772-1213. —Expertise provided by Sara Rix, March 2007
Q. I'm 60 years old and drive a truck for a living. I didn't pass my last Department of Transportation physical because of my diabetes, so now I'm out of a job. Can I qualify for Social Security disability?
A. First, to qualify for disability benefits, you must have worked long enough to earn the number of work credits required by Social Security. To view a chart on how many credits you need, go online to www.socialsecurity.gov/dibplan/dqualify3.htm. Second, an evaluation by Social Security must determine that you can't do the work you did before, or any other work, because of a medical condition. Your medical condition must also be expected to last for at least one year or to result in death. To apply online for disability benefits, or to learn more, go to socialsecurity.gov. — Expertise provided by Laurel Beedon
Q. My husband died in 2004, and I thought I'd be entitled to 100 percent of his Social Security benefit, since I was over 65 at the time of his death. But I'm getting only 80 percent, which is the amount he received at age 62. Can you help?
A. Because your husband elected to claim his benefit early, at age 62, he was entitled to receive only 80 percent of the amount he would have received had he waited till age 65 to collect. And his choosing to take an early benefit also reduced the survivor benefit that you receive. If your husband had waited until he was 65 to claim a benefit, he (and you) would have received his full benefit amount. However, if your own benefit based on your work history is higher than his, you can contact Social Security to switch and collect your own. — Expertise provided by John Turner, December 2006
Q. I am getting Social Security benefits based on my deceased husband's record. If I remarry, will I lose my benefits?
A. It depends on your age. If you remarry before you turn 60 (when widows' benefits can begin), you are no longer eligible for your former spouse's benefits unless the remarriage ends. If you remarry after age 60, you can continue to collect your deceased husband's benefits as a widow or you can receive your current husband's benefits, whichever is higher. If you're eligible for benefits based on your own earnings and they are the highest, you will get those. —Expertise provided by Laurel Beedon, January 2006
Q. Are there statistics on how long the trust funds for Social Security will last?
A. The 2006 Social Security trustees' report (which comes out around May 1 every year) says that trust fund assets along with accrued interest will be enough to pay Social Security benefits in full and on time until 2040. Without any change to current law, the assets will be able to pay about 74 percent of benefits for decades thereafter. — Expertise provided by Laurel Beedon, December 2006
Q. My mother died in 1995, and my father never applied for her Social Security benefits. Is it too late or could he still apply?
A. In general, when people are eligible for more than one Social Security benefit, they receive the higher benefit amount—not the two benefits added together. So, if your father is receiving benefits, and the amount is higher than what he’d receive based on his deceased wife’s work record, there would be no point in applying for her benefits. However, if he would receive more based on his wife’s work record, your father can apply at any time for her Social Security benefits. But those benefits would not be retroactive from the time of her death. For information, visit the Social Security Administration website. —Expertise provided by Laurel Beedon, November 2006
Q. A friend just learned that her employer has been withholding Social Security deductions from her check but hasn't paid into the Social Security Administration for two years. What should she do?
A. It's against the law for employers to withhold and keep an employee's Social Security contributions, and they may be subject to criminal sanctions for failing to pay such employment taxes. Of course, it's also possible that the employer is not at fault and that the Social Security Administration mistakenly omitted her contributions on her statements for those two years. If your friend's W-2 statement from her employer does not reflect withholdings, she should contact Social Security at (800) 772-1213. —Expertise provided by Laurel Beedon, September 2006
Q. I was married for 25 years to my first wife. I have been married to my second wife for six years. When I die, who will get my Social Security benefits?
A. It's possible they both will be eligible for benefits. Divorced widows or widowers may receive benefits based on the Social Security records of their former spouse if they meet the following criteria: Their marriage lasted at least 10 years, they are at least age 60 and they are not currently married, or they remarried after age 60. Your current spouse should be eligible to receive a widow's benefit when she reaches age 60. But just so you know, if the benefit your former or current spouse earned on her own work record is higher than the benefit based on your work record, she will receive the higher amount—not both added together. —Expertise provided by Laurel Beedon, May 2006
Q. I am a married woman who has never been in the paid work force. I chose to stay at home to raise our children. Since I've never received a paycheck from an employer, can you tell me how my Social Security benefits are calculated?
A. You can receive spousal benefits based on your husband's work record, assuming he has worked long enough to have 40 credits (about 10 years' worth) and is old enough to receive benefits. In general, if you are at full retirement age, your benefit is 50 percent of your husband's benefit. You may start collecting as early as age 62 (early retirement age), but your benefits will be reduced. For more detailed information, go to the Social Security Administration's website at www.ssa.gov. Remember that the traditional full retirement age of 65 is gradually moving toward 67 for those born after 1937. —Expertise provided by Laurel Beedon, April 2006
Q. I went to college after becoming an "empty nester." Last year I got laid off from my job, and my unemployment benefits stopped after six months. Now I am having trouble paying off my student loan. Can my Social Security check be garnished until the loan is paid off?
A. In December, the U.S. Supreme Court ruled the government can garnish up to 15 percent of your Social Security income if you default on your student loan—unless you receive $750 or less a month. However, other debt collectors can't garnish your Social Security income as long as it is kept in a separate account and not commingled with any other money. You should also know that your IRS tax refund can be seized and you can be sued by the government for the balance left on your student loan. Before you get behind on your loan payments, find out if you can extend the terms of your loan, or if there are other repayment options that are available to you. For more information, visit online the company that primarily manages student loans, Sallie Mae. —Expertise provided by Sally Hurme, February 2006
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