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BEWARE!! My friend claimed on her ex's record and then he found out somehow and it caused HUGE DRAMA between them and their adult kids!!! I don't know how he found out since SSA supposedly keeps it confidential but he DID!! Just be prepared for potential fallout!!!
This would be unusual. The SSA does not notify your ex-spouse when you claim on their record, and their benefits are not affected in any way by your claim. It's possible your friend's ex-spouse found out through other means or simply assumed it when they reached claiming age. Rest assured, claiming divorced spouse benefits has no impact on the amount your ex receives or any benefits their current spouse might receive.
When you go to apply make SURE you specifically ask about the ex-spouse benefit. Sometimes the SSA reps don't automatically check if you qualify for divorced spouse benefits if you don't ask!!! happened to my sister and she missed out on higher payments for 8 months before someone told her to specifically request the comparison!!
Thanks for this tip! I'll definitely make sure to specifically ask about comparing my benefit to what I could get from my ex's record. It's concerning that they might not automatically check this - seems like something that should be standard procedure.
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the whole system is rigged if u ask me!! my cousins disabled kid got WAY more than she shouldve while his mom got almost nothing. makes NO sense how they divide this stuff up!!
The system isn't rigged, it's just incredibly complicated. The family maximum is supposed to keep total benefits paid to a family within a reasonable range of what the worker earned and paid into the system. But I agree the way they calculate it can seem really unfair sometimes.
Let me clarify how this should work according to SSA rules: 1. Your husband receives 100% of his PIA (not affected by family maximum). 2. Your adult disabled child (DAC) is eligible for 50% of your husband's PIA. 3. You are eligible for the higher of: - Your own retirement benefit - The difference between your own benefit and 50% of your husband's PIA (the spousal "top-up") 4. After determining what each person should receive, SSA checks if the total exceeds the family maximum. If it does, they reduce the auxiliary benefits (yours and the DAC's) proportionally while your husband's remains unchanged. It sounds like SSA may have incorrectly divided the remaining family maximum first, then determined your eligibility based on that reduced amount rather than comparing your benefit to the full 50% of PIA. Regarding Child in Care benefits - this doesn't apply in your situation since you're over FRA. This provision only applies to spouses under FRA caring for children under 16 or disabled children.
This explanation makes perfect sense! So they should have checked if I was eligible for spousal benefits based on the full 50% of my husband's PIA, not based on what's left after dividing the family maximum. I'm definitely going to request a reconsideration. Thank you for breaking it down so clearly.
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One important thing that hasn't been mentioned yet: the deemed filing rules that took effect in 2015 mean you can't choose to take only spousal benefits while letting your own benefit grow. When you apply for one type of benefit, you're deemed to have applied for all benefits you're eligible for. For someone who already filed for their own benefits early like you did, this means when your husband files, SSA will automatically determine if you're eligible for any additional spousal amount and add it to your payment if you qualify. This calculation is called the "excess spousal benefit" - it's the difference between your PIA and half of your husband's PIA, reduced for early claiming. The reduction is permanent. Based on your situation, I recommend calling SSA after your husband files to confirm what additional amount, if any, you might receive.
Thank you for that additional information! I didn't know about those 2015 rule changes. It sounds like in my case, since I've already been receiving my own benefit for years, they'll just automatically check if I qualify for any additional spousal amount once my husband files. I'll definitely follow up with SSA once he does.
Just to clarify for everyone in this thread - the spousal benefit maximum is 50% of the higher-earning spouse's PIA (their benefit amount at full retirement age). If the higher earner delayed claiming past FRA and gets delayed retirement credits, the spouse does NOT get 50% of that higher amount. This is a very common misunderstanding I see with clients. If your husband's FRA benefit was $2,800 but he gets $3,400 because he delayed claiming, your spousal benefit calculation would be based on the $2,800 figure, not the $3,400. Also, if you call SSA about this, make sure to speak with someone who specifically understands spousal benefits. Not all representatives are equally knowledgeable about these complex calculations.
This is true! When my wife got her spousal increase they used my FRA amount not my age 70 amount for the calculation. The extra money from delaying only helps the person who delayed.
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Does anyone know if you can collect these survivor benefits if you're working??? I thought there was some kind of limit to how much you can earn without them taking back your benefits????
Yes, there is an earnings test for survivor benefits claimed before FRA, but it's the same as for retirement benefits: In 2025, you can earn up to $22,320 without penalty. Above that, they withhold $1 in benefits for every $2 earned. But importantly, once you reach FRA, they recalculate your benefit amount to give credit for months benefits were withheld. And after FRA, there's no earnings limit at all.
I just want to warn everyone that SS doesn't always explain all ur options!! My mom found out YEARS after my dad died that she could have gotten more by switching between benefits. No one told her! Make them run ALL the calculations and get everything in writing!!!!
same happened to my sister, she lost out on like $30k because nobody told her about switching options. always get a second opinion and talk to someone who knows the rules
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I recommend getting a detailed benefit estimate from SSA before making any decisions. When I was getting disconnected repeatedly trying to call them, I found Claimyr (claimyr.com) was worth it to get connected. Their service got me through to an actual person who pulled up all my numbers and walked me through different scenarios. The video on their site shows exactly how it works: https://youtu.be/Z-BRbJw3puU. Made a huge difference to have accurate numbers to work with.
Did you find they gave you different information than what was in your online account? I've been trying to help my brother with his disability application and we can't tell if the estimates online are accurate.
I'm a retired SSA claims specialist, and I want to clarify something important: Your husband being on SSDI prior to death actually works in your favor. Since SSDI payments are calculated as if the person had reached full retirement age (regardless of actual age), his benefit amount wasn't reduced. This means your survivor benefit will be based on his full SSDI amount. Regarding your strategy - yes, it's perfectly allowable to take your own reduced retirement at 62 and switch to survivor benefits at your FRA. However, based on what you've shared, you should calculate whether taking survivor benefits early (as young as 60) and then switching to your own benefit at 70 might give you more money over your lifetime. This depends on your own earnings record and life expectancy. Also, don't overlook the potential for the Lump Sum Death Payment of $255 if you haven't already claimed it. And be aware that remarriage before age 60 would affect eligibility for survivor benefits. I'd recommend scheduling an appointment with your local office specifically for a WEP/GPO determination to ensure there are no surprises related to pensions that might affect your benefits.
Thank you for this expert insight! I didn't realize my husband's SSDI being calculated at FRA rates would benefit me this way. I'll definitely ask about running calculations for both strategies (my reduced benefit first vs. survivor benefit first) to see which maximizes my lifetime amount. I've already received the lump sum death payment, but I appreciate you mentioning it for others who might be reading this thread.
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My sister went thru this EXACT situation!!! The SSA is SO CONFUSING with all there rules!!! They make everything complicated ON PURPOSE I swear!! She had to go to the office THREE TIMES to get a straight answer because everyone told her something different!!!
While SSA rules can be complex, this particular situation is actually straightforward. The SSDI to retirement conversion is automatic, and one spouse's filing decision doesn't force the other spouse to file. No office visits are necessary for this.
wait tho aren't you entitled to half ur husbands benefit when he files? my neighbor got her own SS then got extra $ when her husband filed for his
You're only entitled to a spousal benefit if 50% of your spouse's Primary Insurance Amount (PIA, which is their benefit at Full Retirement Age) is higher than your own benefit. Since the original poster is receiving $2,100/month from her own work record, her husband's PIA would need to be more than $4,200/month for her to receive any spousal benefit. This is possible but above average. Your neighbor likely had a much smaller benefit on her own record compared to her husband's.
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Just want to mention - make sure you're calculating the survivor benefit correctly. My mom thought she'd get one amount, but it ended up being lower because of some obscure rule about my dad's benefit calculation. The estimate you see might not be accurate.
Good point. The survivor benefit is based on several factors: what the deceased spouse was receiving (or would have received), when the survivor claims benefits, and whether the deceased had claimed early. The my Social Security estimates are usually pretty accurate, but it's always good to verify with SSA directly if possible.
Thanks everyone for the helpful responses! I feel much better knowing that my ESOP dividends won't count toward the earnings limit. I'm going to try to reach SSA before I turn 60 next month to confirm everything and get my application started. Might try that Claimyr service if I can't get through on my own - spending days on hold is just impossible right now. Will update how it goes after I apply!
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I'm going thru this EXACT THING right now!!! Applied last july, worked jan-june making $19k then cut back hours. In January got a notice saying i was overpaid $3200 because i made too much for the year!! Had to appeal and provide pay stubs showing my hours dropped. STILL waiting for a decision 3 months later. meanwhile they reduced my check to recover the "overpayment"!! This system is BROKEN!!!!
That sounds frustrating! Did you specifically tell them when you applied that you were retiring mid-year? Sometimes the form doesn't make this clear and they default to the annual test.
YES i told them!!! The person who took my application even said "ok we'll apply the monthly test since you're retiring in June" but somehow that never got entered in their system!!
To clarify for everyone: When you apply for benefits in your first year of retirement, you need to: 1) Tell SSA you're retiring or significantly reducing work that month 2) Stay under the monthly limit for each month you receive benefits 3) Verify they coded your application for the monthly earnings test 4) Keep documentation of your work reduction If you do all that, then yes, your pre-retirement earnings in 2025 won't count against you. But you must actually reduce your work when you say you're going to.
This is super helpful - thank you! I'll make sure to explicitly request the monthly earnings test when I apply and have documentation ready about my reduced hours starting in June.
Social Security sending appointment confirmation emails I never requested - scam alert?
I just got a concerning email supposedly from SSA.gov confirming an appointment I supposedly requested with Social Security. Here's the thing - I NEVER requested any appointment! I don't even receive Social Security benefits yet (though I did recently enroll in Medicare a few months ago). The email looked official with the SSA letterhead and everything.Is this some kind of new phishing scam targeting people approaching retirement age? Has anyone else received something similar? I'm worried about clicking any links or responding since I know the SSA typically contacts people by mail, not email. Should I report this somewhere? I'm pretty tech-savvy but this one looks convincingly real.
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Just to follow up on the legitimate communications from SSA - they have been modernizing their systems and now do offer secure messaging through the my Social Security portal. However, these messages appear when you log into your account, not as emails with links. Any legitimate appointment would have been requested by you first, either by phone, in office, or through the scheduling tool on SSA.gov.If you're approaching retirement age, I'd recommend regularly checking your my Social Security account anyway. You can verify your earnings record and get estimates of your future benefits. Much better than clicking links in suspicious emails!
Diego Fernández
One more thing to consider - Medicare and Medicaid eligibility can sometimes be affected by spousal income even if you're separated. If you're approaching Medicare age, you should check if your husband's income could affect your premiums (IRMAA) or Medicaid eligibility. Since you're still legally married, his income could potentially be counted in certain circumstances.
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PixelPrincess
•I hadn't even thought about the Medicare implications! I'll be eligible in about 2 years and didn't consider how his income might affect things. This is getting so complicated...
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Omar Farouk
Just to add one more point - if you do decide to apply for benefits based on your husband's record, you'll need to provide: 1) your marriage certificate, 2) both your Social Security numbers, and 3) his date of birth. If you don't have his SSN, SSA can usually find it with his name and date of birth. You don't need to communicate with him directly to apply for spousal benefits. SSA has this information in their system and can verify your relationship status when you apply.
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PixelPrincess
•That's a huge relief! I do have our marriage certificate and I know his DOB, but wasn't sure if I'd need more information from him directly. Thank you for clarifying what documents I'll need when the time comes.
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