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social security

Military Authority Member
janice robinson April 15th, 2012

Hello Jason, Thanks for your reply.My husband was in the navy for 20 years and no we never did end our marriage. Social Security is telling me we had to be living together at the time of his death to be entitled to his social security. Mabye i need a lawyer?


Military Authority Member
Jason Van Steenwyk April 16th, 2012

Hello, Janice,

Interesting.Yes, I would definitely consult an attorney, specifically one experienced in the field of elder law, if not in cases involving Social Security in particular.

In researching your answer, I found no mention of any residenccy test... only that you be married... which could open up a whole state law can of worms, since it's STATE law that governs what a marriage is, not federal law. (This is why some states recognize common law marriage, and others don't, some states recognize same sex marriages, and others don't. The DOMA, of course, excludes same sex marriage from the definition of marriage for federal purposes, but that doesn't apply here).

I would definitely have an experienced attorney take a look at that case, though. Please let us know how it comes along.

Thanks for reading!

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