There's one more scenario worth considering here. If your ex-husband paid into Social Security for at least 30 quarters (7.5 years) in addition to his government job, then the GPO might not apply to benefits you'd receive on his record. This is sometimes called the "30 and out" exception, but it's specific to certain situations. I'd recommend requesting an appointment with your local Social Security office where they can pull up all the relevant records. Bring your marriage and divorce certificates, as well as any information you have about your ex's employment history if possible. They can run calculations specific to your situation.

One more thing to consider - your age when taking benefits matters A LOT! If you take survivor benefits from your ex before your full retirement age (probably 66 and some months for you), they'll be permanently reduced. But if you wait until your FRA, you'd get 100% of what he was entitled to (assuming GPO doesn't wipe it out as others mentioned). Just something else to factor into your planning.

does anyone know if they count overtime pay toward the limit? my boss sometimes asks me to cover extra shifts

Thank you all for the helpful responses! I feel much better prepared now. I'm going to make sure I stay under that $23,340 limit to avoid any reductions. I'll also make sure to be very clear about my expected earnings when I apply, and keep track of everything with a spreadsheet as suggested. The timing of payments is also good to know for my budget planning. Really appreciate all the advice!

The SSA is a TOTAL MESS these days! My husband and I both got survivor benefits (his ex-wife died, my husband died) and let me tell you they COMPLETELY messed up both our payments!!! They withhold money without proper explanation and then good luck getting a straight answer about when or if you get it back. I've given up trying to understand their ridiculous system.

Thank you all for the helpful responses! I think I understand better now - it sounds like at FRA, they'll automatically adjust my benefit amount going forward to account for months when benefits were withheld due to my earnings. I'll definitely keep detailed records of which months have benefits withheld and how much is withheld each year. I'm still a bit confused about the possibility of a lump sum that one person mentioned their sister received. I wonder if that might have been related to something else or maybe a retroactive payment of some kind? Either way, it sounds like I'm on the right track claiming survivor benefits now while continuing to work, and then letting my own retirement benefit grow until 70. I appreciate everyone taking the time to explain this complicated process!

To answer your follow-up question - the timing of when she received SSI can matter for certain protections. The key thing to verify is whether she meets the criteria for Section 1634(c) of the Social Security Act (this is the actual law behind what many call the DAC Medicaid Protection). Specifically, to maintain Medicaid eligibility under this protection, your sister must: 1. Be entitled to DAC benefits 2. Have lost SSI due to receiving or increasing DAC benefits 3. Still meet the disability criteria and other non-financial SSI eligibility requirements Ohio has implemented this federal protection. The fact that it's been 6 years since she received SSI doesn't automatically disqualify her, but you'll need to verify with Ohio Medicaid exactly how they apply this rule.

In response to your question about documentation, here's what I recommend bringing to your Medicaid meeting: 1. SSA Award Letters - both the original DAC determination and any subsequent adjustments 2. Documentation showing when/why she stopped receiving SSI (ideally the SSA notice) 3. Any documentation about her original disability determination 4. Bank statements showing current DAC deposits 5. A calculation or estimate of what her increased DAC benefit will be after your father files at 70 Also, specifically request that the caseworker document in her file that she's a DAC recipient potentially eligible for 1634(c) protections. This creates a paper trail if you need to appeal later. Be prepared for the caseworker to be unfamiliar with these protections - they're not commonly dealt with. You might need to request a supervisor or specialist who handles unusual Medicaid categories.

WAIT!!!! I just remembered something important! While your benefit amount won't change at FRA, if you're getting Medicare with your SSDI and have it deducted from your check, you should double-check that it continues to be deducted correctly after the switch. When mine converted, they somehow messed up my Medicare premium deduction for 2 months. Just something to watch for!

One additional note: When your benefits convert from SSDI to retirement at FRA, any restrictions on working that apply to SSDI recipients will no longer apply. Once you're receiving retirement benefits, you can work and earn as much as you want without affecting your benefits. This won't change your benefit amount, but it does give you more flexibility if you're able to work part-time.

Just curious - do you know if your ex-husband will be notified when you apply for benefits on his record? My ex and I don't speak at all and I'd rather he not know about my financial situation.

One thing I learned during my application process is that the spousal benefit top-up might be less than you expect due to something called the Government Pension Offset (GPO) if you have a pension from a job where you didn't pay Social Security taxes. My friend was counting on getting 50% of her ex's benefit but ended up with much less because of her teacher's pension. Just something to be aware of if that applies to your situation.

Are you sure the dad's income won't affect things? My kids couldn't get SSI when my wife died because I made "too much money" or something.

Thank you all for this helpful information! I just talked to my friend and let him know about applying for survivor benefits for his son. He had no idea this was available and was really grateful. He's going to call SSA tomorrow morning. I also mentioned the Claimyr service since several of you warned about the phone difficulties. I'll update once they've been through the process in case it helps someone else in this terrible situation.

my mom went thru this last year and she said the funeral home helped her apply for the death benefit thing. but she had to go to ssa office herself for the monthly benefits. took her 3 visits cuz she kept forgetting paperwork they needed

Wait I'm confused. If he's still working at 78 doesn't that mean he delayed taking SS past his full retirement age? If so wouldn't he be getting more than if he took it at regular retirement age? And does THAT affect what you'd get as a survivor?

After reading through this thread again, I realized the advice about the 3-year phase-out is important to emphasize - DON'T let the SSA representative tell you that you don't qualify for ANYTHING yet because of the phase-in! You should still receive PARTIAL relief from the GPO immediately, with the reduction decreasing over the next 3 years. Also, INSIST on applying for both types of benefits during your call - your survivor benefits AND the child-in-care benefits. Some reps will only process one application unless you specifically ask for both. And GET EVERYTHING IN WRITING after your call - request that they send you a summary of what was discussed and what applications were submitted.

Based on your situation, here's a calculation example to help you understand what to expect (approximate numbers): Let's say your husband's PIA (Primary Insurance Amount) would have been $2,500/month at his FRA. In 2025, the GPO offset will be reduced by 1/3, so instead of having your teacher pension fully offset your survivor benefits, only 2/3 of your pension would count against it. If your monthly teacher pension is $3,000, previously the GPO would have reduced your survivor benefit by $2,000 (2/3 of $3,000), leaving you with $500 in survivor benefits. With the first phase of reduction, the GPO offset would be approximately $1,333 (2/3 of the original offset), so you might receive around $1,167 in survivor benefits. For the child-in-care benefits, there's a separate calculation based on your husband's PIA and the family maximum, but these aren't subject to GPO. This is simplified, but hopefully helps you prepare for your appointment with realistic expectations.

Whatever you do, DOCUMENT EVERYTHING! Take screenshots of your online application, get the names of any SSA employees you talk to, and keep copies of EVERYTHING you submit. They lost my birth certificate twice and then had the nerve to tell me I never submitted it!

Thanks everyone for the amazing advice! I think I'll follow the hybrid approach - start online to get the basic information entered but then get help from an agent for the complicated WEP/GPO stuff and to make sure I'm not missing out on any benefits from my ex-spouse's record. Really appreciate all your experiences and suggestions!