The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Friday, July 16, 2004

Social security benefits for the (much) younger spouse?

Below is an interesting question that we were asked to answer. 
 
Question:
 
In most circumstances,  the widow of someone on Social Security will receive their pension plus one half of the deceased pension.   My question is, however, what if he is 66 and the widow 45?  She would not be receiving the normal pension for a number of years.  What, if anything, will she receive at age 45?
 
Answer: 
  
A widow must be age 60 to receive a SS pension, unless she is disabled,when the earliest age is 50. She can get nothing at age 45 unless she isreceiving a benefit on behalf of a minor child. 
 
When she is age eligible she has the choice of receiving a pension on her own earnings record or on that of her husband's.  She will recieve the benefit based on whichever is higher. 
 
(More reason to get the social security statement for all the plaintiff and the deceased in these types of cases) 

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