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How to Handle Denial of Surviving Spouse Benefits in a Common Law State

common law hey marc! surviving divorced spouse benefit Apr 07, 2022

Colorado is a common law state.  Mary and Lee were together for over 30 years until he passed three years ago.  Mary has attempted to get his social security but has had constant push back from the Lakewood, CO Social Security office.   They said she was not entitled because they did not live together because Lee’s last address was different than hers.  His last address was the hospice facility where he resided.  Lee was there for two months.  Also required was a letter from a living relative of which he only has one who lives in Japan. Mary took the letter down to the office unopened.  They had accused her forging this letter and other letters from people stating they knew Mary and Lee and one of them was with her.  Mary has reached out to our local congresspersons, and they have never followed through. Mary’s income is $740 a month and her family has stepped in to help her each month. She has stepped up a timely manner with all the information required and still gets a kick back from the local office. Our local Lakewood Social Security office is known for being mean, rude and lazy. It’s really, really bad.

Living together is not an issue for surviving spouse benefits, only the lump sum death payment. Since he was in hospice that shouldn’t matter.  She should insist they take an application and give her an official decision so she can file an appeal.  Unfortunately, that is about her only recourse.

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