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Quick follow-up on my earlier response: when you go back to SSA, ask specifically about the "restricted application" for survivor benefits. This is the technical term for what you want to do - restricting your application to ONLY the survivor benefit while letting your own retirement benefit grow. Also, you should know that survivor benefits taken before your Full Retirement Age are reduced for early claiming (unlike switching to your own benefit at 70, which doesn't get penalized). Since you're turning 65 and your FRA is 66 and 10 months, that $1,850 figure already includes the early claiming reduction. If you waited until your FRA to claim the survivor benefit, it would be slightly higher, but that's rarely the optimal financial strategy when your own benefit will exceed the survivor benefit eventually.
This is incredibly helpful information! I'll definitely use the term "restricted application" when I go back. Do you happen to know if I need to bring any special documentation with me when I apply for the survivor benefit? I have my husband's death certificate and our marriage certificate already.
Those documents are the main ones you'll need. Also bring your own ID, birth certificate if you have it (though they may already have this on file), and your Social Security card. If you've been married before for 10+ years, bring documentation about those marriages too, as you might qualify for benefits on those records as well. And definitely bring a notepad to write down the name of who you speak with and summary of advice given.
this is why i always tell people to do their own research about social security before going in. so many of the workers give wrong info its scary!!
my sister tried to get benefits on her new husbands record after bein married 11 months and they denied her. had to wait till exactly 1 year. they are super strict about it
After reading through all the comments, here's a summary of key points to consider before making your decision: 1. You'll lose access to ex-spouse benefits immediately upon remarriage 2. You must be married for 12 months before claiming on your new husband's record 3. Your new husband must be receiving his own benefits before you can claim spousal benefits 4. Spousal benefits are 50% of your husband's PIA at your FRA 5. Consider comparing potential benefits: your own work record vs. ex-spouse benefits vs. future new spouse benefits You might want to discuss a commitment ceremony now with legal marriage timed strategically after your boyfriend files for his benefits. This could be the best financial approach while still celebrating your relationship.
Thank you so much for this summary! It's really helpful to see all the considerations laid out like this. I'm going to take everyone's advice and: 1. Call SSA to find out what my benefit on my ex's record would be 2. Talk to my boyfriend about the timing considerations 3. Consider the commitment ceremony idea until the timing is right I can't believe how complicated this is, but I'm so grateful for all the helpful advice here. Much appreciated!
@OP - I just remembered something important. When your niece applies, she should ask about the "Child-in-Care" benefit if your brother's widow (your niece's mother) is also in the picture. Sometimes the surviving parent can receive benefits until the child turns 16, but there are exceptions if the child is disabled. This is separate from your niece's own survivor benefits, but worth checking if applicable to your situation.
Thank you for bringing this up. My brother and his ex-wife divorced years ago, but I'll mention this to her as well since she should know all the options.
One more thing I forgot to mention - your niece needs to report to Social Security when she graduates from high school. Those benefits don't automatically stop, and if she continues receiving them after she's no longer eligible, SSA will eventually discover this and demand repayment of the overpaid benefits, which can create a significant financial hardship.
That's really good to know! The last thing she needs is an overpayment situation on top of everything else. I'll make sure she reports her graduation date to them.
One additional important point: if your father receives Supplemental Security Income (SSI) rather than regular Social Security retirement/disability, the rules are a bit different. With SSI, the VA benefits will count as income and could reduce his SSI payment. In that case, it might actually be better to have separate accounts to keep clear documentation for SSI reporting purposes.
dont overthink this. as long as the money goes to taking care of your dad thats what matters. i just keep a notebook where i write down what i spend on my brother each month from his benefits. never had any problems with the annual reporting.
Until you do have a problem! They didn't question my recordkeeping for 3 years then suddenly decided my handwritten notes weren't enough and demanded bank statements for the past 36 months. Always keep EVERYTHING!
The Social Security Administration is COMPLETELY INCOMPETENT when it comes to their online systems!!! I had to call 27 TIMES over THREE DAYS just to speak to someone about my application that was stuck on step 2 for MONTHS!!!! And guess what they told me? "Oh everything is fine, your payments start next month" WHY COULDN'T THE STUPID WEBSITE JUST SAY THAT??? This is why people get so frustrated with government agencies. They can send people to MARS but can't make a website that actually shows the correct status of your application!!!!
27 times?! That's insane. I've only tried calling a few times but kept getting disconnected after waiting on hold. I guess I should consider myself lucky.
One additional point: If your payment does not arrive as scheduled in February, immediately call the national number (1-800-772-1213) and request to speak with a claims representative. Make sure to mention: 1. The exact date you filed online (have your confirmation number ready) 2. That you've already confirmed with both offices that your claim looks fine 3. That your payment was due but not received This will trigger a payment trace and escalation if needed. However, based on what you've shared, this likely won't be necessary. The vast majority of retirement claims with a future start date are processed correctly even when the online status doesn't update.
Thanks for updating us! This makes much more sense. Yes, SSI does have strict asset limits, so the SSA representative was correct about that program. This is a common area of confusion for many people. If your father's only income is his Social Security retirement benefit and it's on the lower end, it can sometimes be worth looking into SSI as a supplement. But with $300k in savings, he definitely wouldn't qualify until those assets were spent down substantially. Glad you got this sorted out!
so i think it depends on your state too? my cousin in florida had different experience than my friend in texas
Social Security is a federal program, so the 10-year marriage rule for ex-spouse benefits is the same in all 50 states. The date the divorce becomes final (the decree date) is what counts, regardless of state. However, what might differ by state is how divorce processes work and how long they take, which could indirectly affect whether someone reaches the 10-year mark.
Thanks everyone for your helpful responses! This is such a relief to know that the final decree date is what matters. I've got my certified copies of both the marriage certificate and divorce decree ready to go. I'll try that Claimyr service to actually reach someone at SSA and confirm everything for my specific case. Really appreciate all the advice!
One important note about your situation - since your husband is on SSDI and you're considering early retirement at 62, you should know that you likely won't be able to collect both your own retirement and spousal benefits simultaneously. You'll get the higher of the two amounts. Also, filing at 62 means a permanent reduction of about 30% compared to your Full Retirement Age (FRA). The spousal benefit maximum is 50% of your husband's Primary Insurance Amount (PIA), but that's also reduced if you claim before your FRA. This is exactly the kind of complex situation where an in-person appointment is valuable.
This is exactly why I need to talk to someone! I had no idea about these reductions. My husband gets about $2,100/month on SSDI. My own benefit at 62 would be around $1,650 according to my SS statement. Sounds like I need to really understand the math here before making any decisions.
My sister works full time too and she said her office had an online form specifically for requesting a callback. Have you checked your local office's website? Some have different options than others.
I'll check right now! That would be amazing if my local office had that option. The national website didn't mention anything like that, but maybe the local one does. Fingers crossed!
Another thing to consider is taxes - a lump sum payment for 6 months might bump you into a higher tax bracket for that year. You might want to talk to a tax professional before making the decision. Sometimes it's better to just start benefits when you're ready without the backpay.
That's a great point I hadn't considered. We do have a tax appointment next month so I'll be sure to bring this up. Thank you!
My husband and I went through this exact same situation last year. Filed 5 months after his FRA and requested backdating. The Medicare premium refund was a complete nightmare - Social Security and Medicare kept pointing fingers at each other saying the other agency needed to handle it. We finally got it sorted, but it took calling SSA multiple times. Just be persistent!
Oh no, that sounds frustrating! Thanks for the warning - I'll prepare myself for some potential back-and-forth between agencies.
Oliver Cheng
I want to add one more important clarification: When we talk about COLAs being applied to the PIA, we're talking about the spouse's (your husband's) PIA being adjusted for inflation over time. The actual spousal benefit calculation takes this inflation-adjusted PIA, calculates the spousal percentage (up to 50%), and then applies any reduction factors for early claiming. This is why it's crucial to get the current PIA figure from SSA - it already has all past COLAs built in. Once you start receiving benefits, you'll automatically get future COLAs applied to your monthly payment.
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Ashley Simian
•This really helps clear things up! I didn't realize my husband's PIA was constantly being adjusted. So even though he's been receiving benefits since 2021, his PIA (the amount he would have gotten if he had started at exactly his FRA) is still increasing with each year's COLA?
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Oliver Cheng
•Exactly! The PIA continues to be adjusted by COLA even after benefits have started. This ensures that the benefits maintain their purchasing power over time, and it's also important for calculating dependent benefits like yours.
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Savannah Glover
My mother just went through this process! One thing that helped was printing out her husband's benefit verification letter from his my Social Security account. It didn't specifically show the current PIA, but when she took it to her appointment, the SSA rep was able to look up the current PIA with all COLAs applied. That might be easier than trying to calculate it yourself.
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