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Social Security & Medicare Questions

Q: My 89 year old father recently passed away. He and my mother were married for 13 years and divorced in 1967. My mother now draws a small Social Security benefit based on my step-father's account who died a few years ago. Can she apply for benefits based on my natural father's work record instead? It should be much higher because he was doctor.

A: If the divorced spouse widow's benefit on her first husband's earnings is larger than the widow's benefit she is now receiving, your mother is entitled to the larger amount. Call Social Security at 1-800-772-1213. The representative should be able to tell you which benefit is larger of the two and to give you instructions for what you need to do in order for your mother to get the larger benefit. Social Security will need a copy of your father's death certificate, their marriage certificate and divorce papers, as well as other papers. If she is entitled to the higher benefit, ask about retroactive benefits. Depending on when your father died, your mother may be entitled to for up to six months of retroactive benefits [Soc. Sec. Act 202(j)(4)(A).]


This article first appeared in Volume 5, Issue 2 of "The Social Security and Medicare Advisor" newsletter (December/January/2000).  To receive future editions of "The Advisor" in its special, free e-mail version, please click here.


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