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US Social Security Payments

Can any of you help with the following query?

My Colombian wife's father worked in the USA for about 10 years, paying social security contributions throughout this period. On his return to Colombia he died before pension age. At this time his widow made some vague enquiries from the US Embassy here to see if she could be entitled to any form of "Widow's Pension". She was told "No".

I would now like to check this as it seems strange to me the US Govt would take 10 years contributions and then give nothing back.

Can this be true?

By fecherklyn on Jul 4, 2007, 15:54 in Friendly Talkzone. AddThis Social Bookmark Button


griffbos says on Jul 4, 2007, 17:18:

okay he would have had to made what they call 40 quaters of work in which he paid into the system. which is 10 years of working. the reason she might have been told no is she does not have a US address, I believe ( and those who collect it and live overseas can correct me) you have to maintain a US address to collect. she would need to know his SS number also. it also depends how long ago this was as the rules change over time.
http://www.ssa.gov/ here is the link to their web site I think you can write direct to them and ask more details. Good luck

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griffbos says on Jul 4, 2007, 17:31:

Just found this on their site, also check with the SS system in colombia as in some cases the credits he eaned in the USA might be able to use for credit in Colombia's system I do not know of what agreements are out there but they should know, The USA on their site states some overseas work can be used for SS in the States, so she might be able to get but it sounds like your going to have to do some digging to find out for sure.

Can noncitizens receive Social Security benefits?

Answer
In many cases, yes.


To qualify for benefits, all noncitizens first must meet the same eligibility requirements as U.S. citizens. Additionally, a noncitizen worker assigned a Social Security number (SSN) on or after January 1, 2004, must meet another eligibility requirement. If you are subject to this provision, neither you nor your dependents can qualify for benefits based on your earnings unless:

--At some point, you were assigned an SSN based on your authorization to work in the United States, or
--At some point, you were admitted to this country as a nonimmigrant business visitor (B-1) or as an alien crewman (D-1 or D-2).

Once a noncitizen worker has met eligibility criteria, we must have evidence of the “lawful presence” of the beneficiary. That means that before we can pay out benefits for any given month, Social Security must have evidence that during that month the beneficiary was either:


A U.S. citizen;
A U.S. national; or
Lawfully present in the United States

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Gator says on Jul 4, 2007, 19:35:

Not unless she is living, lawfully, in the United States. What you left out was did she live in the USA and was she a citizen or a permanent resident?

You do NOT have to maintain a US address to collect.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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bogjudge says on Jul 4, 2007, 20:28:

I have just researched this issue. I am assuming the widow is a Colombian citizen. She is positively not elegible for benefits if she did not live continuously in the United States for a period of five (5) years prior to her husband's death. And you can also get this answered by going to the Social Security Administration website and asking the question there to customer service. Try: http://www.ssa.gov/

What Lies Over Yonder Horizon?

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Gator says on Jul 5, 2007, 08:11:

Correct

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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msaucey says on Jul 5, 2007, 09:42:

Also, there's one more thing you need to consider.... How old is your mother-in-law? There is an age stipulation for widow's collecting their husbands SS $? I believe she has to be a minimum of 62 years of age before she can get part of his contribution.... If she is under the stated age, she could be caught in the "Black Out" period, also commonly knows as the "Black Widow" period, where no SS or Medicare benefits will be available to her... If she's under this age and it stipulates that she needs to be in U.S., then she should come back for a while until she's able to start collecting...

Good Luck...

The trouble about trying to make yourself stupider than you really are is that you very often succeed. - CS Lewis

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miamimike says on Jul 5, 2007, 16:59:

Not exactly related to this Post but an interesting tidbit on SS; many out of the USA and even some within our country, are under the false assumption that every American collects a SS Check and has Medicare. Not True; only if you payed sufficient quarters into SS. My Elderly Cousin, a WW2 Navy Wave Vet and an a 35 year retired employee of where else--Social Security--collects no SS Check. Why Not you ask? She worked her entire life (including 4 years navy time) for the Federal Goverment and payed in to the old CSRS(civil service retirement system) which, unlike the new FIRS System(federal retirement system for employees hired after 1986(more or less) DID not contribute to SS, only towards the employees federal pension. As a result, my cousin does not receive SS or Medicare. No Misprint. Her deceased Husband was a lifelong federal employee so she could not collect off his earnings. At the time she entered the working world, late 30s (just before WW2) all you needed then was 5 years or 20 Quarters to qualify. This was changed later in the 50s I believe(from 20 to 40 quarters). Sad thing is, they(our goverment) make the allowance for Cubans who enter our country who are 65 or older to collect SSI Checks and Medicare and they never have worked a Day under SS and neither have they payed a Dime into the system. Unaccompanied Cuban Minors(such as the thousands who came in the 19602 under the Program "Operation Pedro Pan") also collected SSI checks until they reach 18 or 23 years of age if they pursue a 4 year college degree. As far as I know, this program for Cuban minors(unaccompanied) continues to this day. I say this is SAD Tale because a US Veteran in a War Theater(active) was turned away from SS while people who never payed a dime into SS or with time in service of our country are given SS benefits. This practice should have stopped decades ago but our Politicians are simply Vote Panderers,,,

"Wait a minute. What did you just say? You're predicting $4-a-gallon gas? That's interesting. I hadn't heard that." -- Feb. 28, 2008 --George W. Bush, Washington, D.C.

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Gator says on Jul 5, 2007, 19:42:

Mike

Same thing in Florida for state and country workers under the old SCORS system. At that time you could choose to opt out of paying social security.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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miamimike says on Jul 5, 2007, 22:25:

I recall that reading about tha Once Gator, its not a well publicized fact, especially now in this day and age. I believe in Texas(could be wrong) they also have a program(or had) where state employees such as Teachers could opt of SS. That came back to haunt some of those old timers I bet unless they went out and worked the Minimum 40 quarters to qualify for SS. My Father, now deceased, used to complain all the time about SS and how he was riped off. Tired of hearing his hollow complaining, we sat down and put Paper&pencil to the facts. He started paying in in '37(I believe it was around that era)when he was 37 years old and He retired in 65 and started collecting SS. We added up what he payed in over 28 years and it was less then $5000(more or less). For many years the Max to pay in was only around $50 yearly in my Dad's case. He collected SS from Retirement Day '65 until he died in '91 and after around 3 years he had back every dime he paid in and the other 23 years of collecting was pure Gravy. I asked where else he could ever get a return on his money like he got on SS, he had no answer, but he stopped bitching about SS being a ripoff anyhow. Not to mention, his 2nd Wife, who never paid into the SS system, has been receiving SS Benefits off his Earnings (as they were married and living together over 10 years in the US) since 1980. People complain about it but its still one of the best deals going! And we need to protect it from scammers who attempt to get SS benefits who aren't entitled to them.

"Wait a minute. What did you just say? You're predicting $4-a-gallon gas? That's interesting. I hadn't heard that." -- Feb. 28, 2008 --George W. Bush, Washington, D.C.

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scotty says on Jul 6, 2007, 05:03:

MM ditto, good post

Get Rhythm, when you got the blues. Johnny Cash

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Tinto (Moderator) says on Jul 6, 2007, 05:14:

I'm glad your Dad came to that realization. Most people are unaware of three simple but very important facts: 1) The payroll taxes that in theory fund social security were peanuts up until the mid 1980s, 2) some think tank once published a figure in the early 1990s which should have put a stop to all the bitching and moaning: EVERY PERSON collecting social security as of that date, that had been collecting it for more than two or three years, had received more than they EVER put in and 3) it was conceived as, and still is, an anti-poverty program for the elderly and minor survivors. It is NOT a retirement or pension program.

As for the Cubans on welfare, they should be fed to the homeless. Haha.

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msaucey says on Jul 6, 2007, 08:35:

And then we wonder why we keep hearing rumors about the fact that Social Security will not be available when I retire.... Because of wasted money at this point... But, one of my professors has advised me that even though there may not be as much as there used to be I should be okay when I eventually retire, but they wont release any money to me until I'm 67!!!... Um... I have 37 years to go before I see any benefit, which is why I have to find a different method to be able to retire in Colombia in 15... :-)

The trouble about trying to make yourself stupider than you really are is that you very often succeed. - CS Lewis

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Miguel_Clavo says on Jul 7, 2007, 01:22:

it was conceived as, and still is, an anti-poverty program for the elderly and minor survivors. It is NOT a retirement or pension program.

very true, but sadly not believed nationwide.....=)

"I would rather die living life, than to live a dying life."........ Oh, and my PM is always ON. Great Bumper Sticker: "Home of the Free, Because of the Brave"

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mrxcol says on Jul 16, 2007, 21:04:

One question: in the USA the retirement plans pays until you and your wife dies or there are other schemas ? i mean, here in Colombia there are two: that one and other in which all the money you has contributed to the system is payed back to you. If you and you wife die first, that's money they gain. If you happen to live too much, when "your money" ends, you get a pension the ammount of the minimum wage.

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aztec says on Jul 17, 2007, 05:45:

"which is why I have to find a different method to be able to retire in Colombia in 15... :-)" msaucey

I recommend saving and investing more. You will be surprised at how fast your resources will build up!

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Tinto (Moderator) says on Jul 17, 2007, 05:54:

Msaucy - If you're 30 years old now, I wouldn't make Social Security part of my retirement plan. I think your professor is being optimistic. In reality, it might not kick in until age 70, a far greater portion of it may be taxed or it might be needs-based (only the poor will get it). Welcome to the welfare state (except we don't call it that).

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msaucey says on Jul 18, 2007, 15:56:

Yeah, I know Tinto... Don't worry, I haven't made that a part of my plan... Fortunately, all my other professors have told me not to count on it.... But, oh well, I could always hope... I love my yearly notice that tells me how much they will give me when I retire, and then I tell myself.... I'm sooooo no going to get any of it....

The trouble about trying to make yourself stupider than you really are is that you very often succeed. - CS Lewis

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