How does SS calculate an increase amount due to ex husban death and should I appe

[Sallyvw]

What is the name of your state (only U.S. law)?

 

[Sallyvw]

Sorry, new to this and sent before I was finish. My mother is a Texas resident but is visiting me in Oklahoma. Should my elderly mom (next month turns 75yrs old) appeal to get a bigger increase on SS check? What exactly is an appeal and is it in her best interest? She was with her abusive controlling ex husband for almost 20 years. She divorced him three years ago when she became ill and needed to be taken care of. He didn't want anything to do with her and wanted her to stay at a senior living home at her cost. She was a school cafeteria and school janitor most of her life so she could not afford such expensive. He was in the military when he was younger and he worked as an airplane mechanic until he retired. He recently passed away in August. During the divorce settlement she was only given a 15+ plus year old truck with no air condition and that's basically it. She did not receive spousal support or any type of financial support. He paid everything in cash ie: house, truck/vehicles etc... .
Her attorney did not fight for her and even though she didn't fully understood everything going on, she signed papers. She wasn't going to sign papers at the end but since the case was already in courts hands, she thought she had not choice since either way something was going to happen with or without her signature. It's a sad situation as my mother does not have a permanent place of her own. She doesn't say it but you can tell she is not happy with her living situation and not knowing what to do.
She's basically starting over at 75, a new life that she never saw coming.

 

[LdiJ]

Sorry, new to this and sent before I was finish. My mother is a Texas resident but is visiting me in Oklahoma. Should my elderly mom (next month turns 75yrs old) appeal to get a bigger increase on SS check? What exactly is an appeal and is it in her best interest? She was with her abusive controlling ex husband for almost 20 years. She divorced him three years ago when she became ill and needed to be taken care of. He didn't want anything to do with her and wanted her to stay at a senior living home at her cost. She was a school cafeteria and school janitor most of her life so she could not afford such expensive. He was in the military when he was younger and he worked as an airplane mechanic until he retired. He recently passed away in August. During the divorce settlement she was only given a 15+ plus year old truck with no air condition and that's basically it. She did not receive spousal support or any type of financial support. He paid everything in cash ie: house, truck/vehicles etc... .
Her attorney did not fight for her and even though she didn't fully understood everything going on, she signed papers. She wasn't going to sign papers at the end but since the case was already in courts hands, she thought she had not choice since either way something was going to happen with or without her signature. It's a sad situation as my mother does not have a permanent place of her own. She doesn't say it but you can tell she is not happy with her living situation and not knowing what to do.
She's basically starting over at 75, a new life that she never saw coming.

She could claim SS benefits on his earnings record rather than her own, if his record would produce a better result, but that is about all. Make an appointment with your local SSA office for her to talk to them about what possibilities exist.

 

[Onderzoek]

Sorry, new to this and sent before I was finish. My mother is a Texas resident but is visiting me in Oklahoma. Should my elderly mom (next month turns 75yrs old) appeal to get a bigger increase on SS check? What exactly is an appeal and is it in her best interest? She was with her abusive controlling ex husband for almost 20 years. She divorced him three years ago when she became ill and needed to be taken care of. He didn't want anything to do with her and wanted her to stay at a senior living home at her cost. She was a school cafeteria and school janitor most of her life so she could not afford such expensive. He was in the military when he was younger and he worked as an airplane mechanic until he retired. He recently passed away in August. During the divorce settlement she was only given a 15+ plus year old truck with no air condition and that's basically it. She did not receive spousal support or any type of financial support. He paid everything in cash ie: house, truck/vehicles etc... .
Her attorney did not fight for her and even though she didn't fully understood everything going on, she signed papers. She wasn't going to sign papers at the end but since the case was already in courts hands, she thought she had not choice since either way something was going to happen with or without her signature. It's a sad situation as my mother does not have a permanent place of her own. She doesn't say it but you can tell she is not happy with her living situation and not knowing what to do.
She's basically starting over at 75, a new life that she never saw coming.

Call 1-800-772-1213 and make an appointment for an application for widow's benefits. It is not an appeal. An appeal is a disagreement with a notice that was sent and has to be filed within 60 days.

Probably best for her to have an in person interview. She should bring her marriage certificate, her divorce decree. SSA probably has his death information but she can also bring a death certificate. If she had any prior marriages, she should bring proof of those as well. If he had higher earnings in his lifetime than she did, she will probably be awarded the difference between his benefit and her benefit on top of her own. Do it this month.

SSA will not be able to do anything about the inequity in the divorce. It is a non-issue for SSA.

If she has low enough income, she might be able to qualify for SSI Aged benefits also, but that is a public assistance program so it depends upon income, resources and living arrangements. Her local office can sort this all out and take the appropriate applications. She needs to bring the evidence.

 

[Sallyvw]

Thank you both for your advice, I greatly appreciate it. When she called social security the first time, they were no help to her. They either didn't understand what she was asking or they blew her questions off. She was wondering how that figure came about, could it be a higher amount and if it would benefit her if she was to appeal that amount. The SSA letter stated if she did not agree with amount given that she can appeal and they will review it but seems risky if amount can be lowered. Is there free/low cost attorney/lawyer to help and represent her? Would she be able to do this over the phone and emails since she visiting me in Oklahoma. Would OK SSA office be able to help her while she's here with me even though she's not OK resident. She been with me since end of June but will most likely return to Texas in Decenber but she has no set date. She received this letter last month and according to the letter, she has sixty days if she wants to appeal amount. I will call SSA office again and hopefully, I can get some answers. I will call the number you recommended and see if they can help as well. Thank you again,
Sally

 

[Onderzoek]

Thank you both for your advice, I greatly appreciate it. When she called social security the first time, they were no help to her. They either didn't understand what she was asking or they blew her questions off. She was wondering how that figure came about, could it be a higher amount and if it would benefit her if she was to appeal that amount. The SSA letter stated if she did not agree with amount given that she can appeal and they will review it but seems risky if amount can be lowered. Is there free/low cost attorney/lawyer to help and represent her? Would she be able to do this over the phone and emails since she visiting me in Oklahoma. Would OK SSA office be able to help her while she's here with me even though she's not OK resident. She been with me since end of June but will most likely return to Texas in Decenber but she has no set date. She received this letter last month and according to the letter, she has sixty days if she wants to appeal amount. I will call SSA office again and hopefully, I can get some answers. I will call the number you recommended and see if they can help as well. Thank you again,
Sally

She got a letter from SSA so she did apply??? You didn't say anything about her having actually applied for widow's benefits already.

What figure??? Why do you think the figure is wrong? Does she know his earnings record history from his lifetime of W-2's?? On what basis does she think the amount is wrong? If her disagreement is that she wants more money or needs more money, the appeal is futile.

The OK office can also answer general questions. If you want to understand payment computations, you have a lot of reading to do at www.socialsecurity.gov. PIA and AIME would be key words to start with. Then research survivor benefits. Use a calculator at the site and enter his lifetime wages. Or trust that SSA, who uses better versions of those systems, computed correctly. What do you disagree with?

Contact all the lawyers you want but you haven't given us any reason that you think the letter is wrong except that she doesn't like the result. Find his lifetime earnings. SSA has it. That is how the benefits are computed.