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I think your financial advisor is right and your brother is wrong. I receive about $25k annually from a family trust and it has zero impact on my SS retirement benefits. I've been receiving both for 3 years now with no issues. The only impact is that more of my SS is taxable because my overall income is higher, but the benefit amount itself isn't reduced.
Just want to add that if you were on SSI (Supplemental Security Income) instead of retirement benefits, the trust would ABSOLUTELY count and probably make you ineligible! But that's completely different from retirement benefits. Some people get them confused. SSI has strict income and asset limits, retirement benefits don't once you reach FRA.
Another critical option to pursue: If your daughter was receiving both SSI and Medicaid, she may qualify for Medicaid under Section 1619(b), which allows people to maintain Medicaid eligibility even after they lose SSI cash benefits due to increased income (like from DAC). This provision was specifically created for situations like yours. To qualify under 1619(b), your daughter must: 1) Have been eligible for SSI cash payments for at least 1 month 2) Still meet the disability requirement 3) Still meet all non-disability SSI requirements except for income 4) Need Medicaid to work (or in her case, likely to maintain independence) 5) Have gross earnings below your state's threshold Many SSA offices don't automatically tell people about this option. You need to specifically request a 1619(b) determination. This could be the fastest path to maintaining her Medicaid without interruption.
This is incredibly helpful information. I've made notes of all these options (1619(b), Medicaid Buy-In, state disability Medicaid) to ask about when we visit the Medicaid office tomorrow. I'm feeling slightly less panicked now that I have specific programs to ask about. I just wish SSA had told us about these options when they sent the notice about her Medicaid ending!
my neighbor had to deal with this and she got back benefits from the time she applied but not from when her divorce was final, so don't wait to apply!
Just to clarify a few points that have come up in this thread: 1. There is absolutely no waiting period after divorce to reclaim survivor benefits from a previous spouse. You can apply immediately once the divorce is final. 2. The rules are federal, not state-based. 3. You will not automatically receive back payments from the date of your divorce - benefits typically start from the month you apply, which is why applying promptly after divorce is important. 4. The COLA issue mentioned is correct - your benefit amount will be based on what you were receiving when you stopped getting benefits, without the COLAs that would have occurred during your remarriage. 5. Processing times vary, but 30-60 days is typical right now in 2025. And yes, having all documentation ready is crucial - final divorce decree, death certificate of your first husband, both marriage certificates, your ID, and Social Security card at minimum.
After reading all these comments, here's a summary of the December vs. January filing decision for someone in your situation with widow benefits: 𝗗𝗲𝗰𝗲𝗺𝗯𝗲𝗿 𝗳𝗶𝗹𝗶𝗻𝗴 𝗮𝗱𝘃𝗮𝗻𝘁𝗮𝗴𝗲𝘀: - Get your first payment one month earlier (in January) - Might help if you urgently need funds 𝗝𝗮𝗻𝘂𝗮𝗿𝘆 𝗳𝗶𝗹𝗶𝗻𝗴 𝗮𝗱𝘃𝗮𝗻𝘁𝗮𝗴𝗲𝘀: - Receive the annual COLA immediately - Cleaner for tax purposes (all in one tax year) - Fresh annual earnings limit if you work - May help avoid Medicare IRMAA surcharges Since your widow benefits are partial due to the earnings limit, I strongly recommend getting personalized advice from an SSA representative who can review your specific record.
Can I just say how COMPLICATED they make all this?!? Why can't they just have simple rules that normal people understand??? It's like they want us to make mistakes!
make sure u have all ur documents!!! birth certificate, marriage license, divorce papers, death certificate for ex, etc. i forgot my divorce decree and had to reschedule my whole appointment and wait another 6 weeks!!
One other important thing to know - when you're receiving survivor benefits from 67-70, you can still work without any earnings limit penalties. The earnings test doesn't apply after you reach your full retirement age. So if you want to work part-time during those years, your survivor benefits won't be reduced no matter how much you earn.
Quick clarification on your question about your husband's early retirement affecting your survivor benefits: Since your husband claimed at 62 and passed at 65 (before his FRA), your maximum survivor benefit would be the higher of: 1. The benefit he was receiving when he died (reduced for his early claiming) 2. 82.5% of his Primary Insurance Amount (what he would've gotten at his FRA) However, this maximum amount will then be reduced by the GPO (2/3 of your government pension). And if you claim before your survivor FRA (66 and 10 months), it would be further reduced for early claiming. The claiming strategy gets quite complex with GPO involved. If your government pension is substantial, it might wipe out most or all of your survivor benefit regardless of when you claim.
This is starting to make sense now. So even though my husband claimed early, I might still be entitled to 82.5% of what he would have received at his FRA rather than his reduced benefit. But then the GPO reduction happens after that calculation. I think this explains why one rep told me I'd only get about 1/3 of his benefit after all the reductions. I need to find out exactly what my monthly pension will be to calculate the GPO impact accurately.
have u checked if there was a lump sum death benefit? its only $255 but its something. also did u get the check for the month he died? my FIL died on the 29th and they took back his last payment because they said he wasnt alive the whole month which seemed really unfair
Yes, I did receive the $255 death benefit already. And you're right about them taking back the last month's payment - they explained that Social Security benefits are paid in arrears (for the previous month), so if the person doesn't live through the entire month, they take it back. It doesn't seem fair but apparently that's the rule.
I waited until I was 70 years and 8 months to file last year and everyone here is right, they only gave me 6 months of backpay. But I'm wondering - does the backpay come as one big lump sum? Does that affect taxes? I got hit with a huge tax bill because suddenly my income was much higher for that year. Just something to consider when you're planning!
Good point about taxes. Yes, Social Security backpay comes as a lump sum, which can push you into a higher tax bracket for that year if you're not prepared. There is a special tax calculation called "lump sum election" you can use (see IRS Publication 915) that might help reduce the tax impact. Essentially, it allows you to calculate the tax as if you received the benefits in the year they were actually due, potentially lowering your overall tax burden. I'd recommend consulting with a tax professional before filing your return in a year you receive SS backpay.
Thank you all for your helpful responses! This clarifies things - it sounds like I should: 1. Plan to apply 3-4 months before my 70th birthday in June 2025 2. Specify that I want benefits to start the month I turn 70 3. Be aware of the potential tax implications of receiving benefits And most importantly - there's absolutely no advantage to waiting beyond age 70 to file. I'm glad I asked here before potentially losing months of benefits!
Something nobody mentioned yet - even if she has to wait til 62, she should check if taking divorced spouse benefits early would permanently reduce them. Sometimes better to wait!!! My cousin took early and regrets it now!!!
This is a good point. Taking divorced spouse benefits at 62 instead of full retirement age (which would be 67 for someone who's 59 now) does permanently reduce the benefit amount. However, for someone already on disability, the calculation works differently, and she'll automatically switch to retirement benefits at full retirement age.
Thank you all for the helpful responses! I spoke with my sister and we're going to: 1) Have her call SSA and specifically ask about "disabled divorced spouse benefits" 2) Request to speak with a technical expert who knows these rules 3) Ask for a written explanation of her options and 4) Make sure she understands any potential reductions if she has to wait until 62. I'll update if we get a clear answer!
Sounds like a solid plan! Just remember that if she has trouble getting through on the phone, Claimyr can really help. My appointment with SSA was actually productive once I finally got through to them - the representative explained all my options and even helped me calculate what my benefit increase would be.
My wife is also July 1958 and we just went through this whole thing with planning her retirement. Her FRA is definitely 66+8 months, so March 2025 is right. But remember that Social Security pays a month behind, so her first FULL payment at FRA would be in April 2025 (for March).
Everyone here is focusing just on your FRA date, but have you considered whether waiting until your FRA is actually the best strategy for you? Depending on your health, family longevity, current savings, and whether you're still working, filing before or after FRA might be better. I initially planned to file at my FRA (66+4mo), but after running the numbers, I decided to wait until 70 for the maximum benefit since I'm still working part-time and don't need the income yet. Just something to think about beyond just confirming your correct FRA date.
That's a really good point. I'm actually planning to work until 68, but I wanted to confirm my FRA first as a baseline. My financial advisor suggested I might want to start spousal benefits at FRA while delaying my own benefit until later. It's complicated but knowing the exact FRA date helps with the planning.
I should point out that restricted application for spousal benefits only (while delaying your own) is no longer available for people born after January 1, 1954. For someone born in 1958, when you file, you'll be deemed to be filing for all available benefits. This is a common misconception that persists among many financial advisors who haven't kept up with the rule changes from the 2015 Bipartisan Budget Act.
Connor Murphy
Thanks everyone for the helpful answers! I've learned a lot. I'm going to: 1) Check my SS earnings record to see exactly which years would be replaced, 2) Calculate the actual difference in benefits for my specific situation, and 3) Consider a phased retirement approach as a compromise. Really appreciate all the insights - this forum is amazing!
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Noah Irving
Sounds like a solid plan. One more tip: when you log in to your mySocialSecurity account, look for the \
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