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To address your specific question about delaying until 70 - yes, that would likely increase the family maximum if your son switches to your record. The family maximum is roughly proportional to the Primary Insurance Amount (PIA), so a higher PIA from delaying to 70 would create a higher family maximum.However, there's an important consideration: If your son is receiving DAC benefits on your deceased husband's record, switching to your record might not be advantageous unless your benefit amount would be significantly higher. This is because DAC benefits on a deceased parent's record are paid at 75% of the deceased parent's PIA, while DAC benefits on a living parent's record are only 50% of that parent's PIA.This is why getting a benefits calculation directly from SSA is so important for your specific situation.
That's really helpful, thank you! I didn't realize there was a difference between the 75% vs 50% depending on whether the parent is living or deceased. It seems like keeping my son on my husband's record might be better, but I'll definitely get SSA to run the numbers. I appreciate everyone's help in understanding this complicated situation!
Lol everyone here is so optimistic about the timeline. My husband and I went through this last year and it took FOUR MONTHS from when I was approved until his spousal benefits actually started paying out. The SSA is SWAMPED with applications. And yes technically he can apply online but in our experience the spousal application has way more issues than the regular retirement one. Prepare for delays and frustration!
Just to clear up a common misconception - there's no such thing as a "spousal top off" in the Social Security system's official terminology. What your husband will receive is technically called the "spousal benefit" which can be up to 50% of your PIA (Primary Insurance Amount). If your husband already qualifies for his own retirement benefit, he'll receive whichever is higher - his own benefit or the spousal benefit. The system automatically calculates this when he applies for the spousal benefit, so he doesn't need to make any special requests for the "difference" or "top-up" amount. The SSA will figure out the proper amount based on both your records.
Thanks for clarifying the terminology! That makes more sense. So essentially he'll just apply for the spousal benefit and the SSA will automatically calculate whether that's higher than his own retirement benefit? He's already collecting his own retirement benefit (started at 62), so I'm guessing they'll just adjust his payment amount if the spousal benefit is higher?
Update: I finally got some answers! I used the Claimyr service that was suggested and got through to SSA in about 15 minutes. The agent was very helpful and looked up both benefit amounts for me. Turns out my widow's benefit would be about $425 more per month than my own retirement benefit at my current age. The agent explained I have two main options: 1. Take the widow's benefit now and let my own benefit continue to grow until 70 2. Take the widow's benefit now as that's the higher amount Since my own benefit even at age 70 won't exceed my husband's, option 2 makes the most sense for me. I've scheduled an in-person appointment to complete the application process. Thank you everyone for your help!
One thing nobody mentioned - if you're still working, the earnings limit might affect your benefits until you reach full retirement age. For 2025, if you're under FRA the entire year, you lose $1 in benefits for every $2 you earn above $22,900 (approximately). Something to factor into your decision if you're still employed.
To answer your original question about online vs. appointment - definitely do it online if your case is straightforward! When I tried to get an appointment, they told me it would be 4 MONTHS wait. Did it online in 20 mins instead. Just make sure you have all your docs ready (birth certificate, marriage certificate if applicable, bank account info for direct deposit, etc).
Based on everything shared here, it seems like following the OpenSocialSecurity recommendation makes sense for your situation. Since your benefit is more than half your spouse's, there's no spousal benefit to consider, and filing early only affects your own retirement amount. Your survivor benefits would still be protected as long as you're past FRA when that situation might arise. You can apply online about 3 months before you want benefits to begin. Just be prepared for potential processing delays.
Something else to consider - there's a concept called "administrative finality" in Social Security regulations. Generally, SSA decisions become final 12 months after they're made unless there was fraud or similar fault involved. If they determined your ex-wife's medical improvement in April 2023 but didn't notify your son until months later (past the 12-month mark), you might have grounds to challenge the overpayment based on administrative finality rules. You'd need to check exactly when they made the determination about your ex-wife's medical improvement. This is a more technical argument, but worth exploring if other approaches don't work.
A critical factor here is whether your son continued to be eligible for benefits as a student after turning 18. Based on your timeline, it sounds like he did qualify under the "full-time student" provisions that allow benefits to continue until graduation or age 19 (whichever comes first). If the sole reason for the overpayment is his mother's medical improvement, and not any issue with his student status, then your waiver argument should focus heavily on the fact that he had no way of knowing about his mother's changed medical status - especially given that she hasn't been involved in his life. The technical term for what you want to emphasize is that he was "without fault" in causing the overpayment. The SSA's own policy states that individuals are without fault when: "The overpaid individual relied on information from SSA that turned out to be incorrect." Since SSA continued sending the payments, this should apply to your son's situation.
Yes, that's exactly right - he remained eligible as a student, and the ONLY reason they're claiming overpayment is because of his mother's medical improvement that we knew nothing about. I'll definitely use that specific language about being "without fault" and relying on incorrect information from SSA. That describes our situation perfectly.
This whole thread has me worried about my upcoming move abroad. Does anyone know if receiving payments on a US bank account and then transferring internationally is more reliable than direct international deposit? I'm on SSDI and absolutely cannot handle payment delays when I move.
Yes, maintaining a US bank account is generally more reliable. Many expats choose to receive their Social Security benefits in a US account and then either use ATMs abroad, transfer money as needed, or use services like Wise (formerly TransferWise) for better exchange rates. The SSA domestic payment system has fewer issues than the international direct deposit system.
my sister just went thru this 2 months ago. dont let them tell u your not eligible cuz u already collect! thats what they told her first and it was WRONG
I did this in November it was really easy actually. The call lasted 15 minutes they just asked for my husbands ssn and marriage date and added the spousal part to my existing benifits. Money showed up 2 weeks later in my direct deposit.
That's encouraging! Did they explain how they calculated the amount or did they just tell you what you'd be getting?
Just to add to my earlier comment - this is actually a known issue that happens in years when there are particular calendar configurations. The SSA publishes a payment calendar each year that shows exactly when payments will be issued. Your aunt can download the 2025 payment calendar directly from the SSA website at ssa.gov/pubs/calendar.htm (or have a look at her mySocialSecurity account online). The most important thing is that she won't lose any money - she'll still get 12 full payments over the course of the year. It's just that the calendar dates sometimes shift due to weekends and holidays.
This happens every few years and causes so much confusion! My mom gets retirement benefits not survivor benefits but same payment system. Her neighbor told her same thing last year and she was up all night worrying. Like others said nobody misses a payment, it's just about when the dates fall. Does your aunt get direct deposit? That makes it easier to track.
SSA system is completely broken anyway. Friend of mine tried to do what ur talking about, waited till 70, then the govt changed how they calculate COLA and he barely got more than if hed taken it at normal time. Just take the money now!!!!
Thank you all for the thoughtful responses! After considering everything, I think I'm going to wait until 70 to start my benefits since I'm still earning good income and don't need the SS money right now. The guaranteed 8% annual increase is appealing, and given my family history, I'm likely to live past the break-even point. I appreciate everyone sharing their experiences and knowledge!
Sofia Peña
Since you're retiring in April, you should also know that if you're still working January-April, those earnings won't affect your benefits at all since you're past FRA. The earnings test doesn't apply once you've reached full retirement age. Just make sure you report your expected earnings for 2025 accurately on your application.
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Adriana Cohn
One last piece of advice - after you submit your application, create a my Social Security account on ssa.gov if you haven't already. You can track your application status there, and once you're receiving benefits, you can get benefit verification letters, change your address, set up or change direct deposit, and get your 1099 at tax time. It's super convenient and saves you from having to call or visit the office for routine things.
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Hunter Hampton
•I do have a my Social Security account, but I haven't used it much yet. Good to know I'll be able to track my application there. Thanks for all your help everyone! I feel much more confident about applying now.
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