As someone who just went through this process last year at age 63, I wanted to share what I learned. The deemed filing rule is frustrating, but there are still some strategies to consider. First, make sure you get your Social Security Statement updated so you can see your projected benefits at different claiming ages. Second, if you're still working, remember that your benefit calculation uses your highest 35 years of earnings, so continuing to work might boost your own benefit. Third, don't forget about the earnings test if you claim before your FRA and are still working - you might have benefits withheld temporarily. I ended up delaying until my FRA because my own benefit was projected to be higher than the ex-spousal benefit, but everyone's situation is different. The key is getting accurate projections for both scenarios before deciding.

I'm in a very similar situation - turning 65 next year and born in 1960, so I'm also affected by this deemed filing rule. What's been most frustrating for me is that I keep finding outdated articles online that still talk about the restricted application strategy like it's available to everyone. I wasted months planning around that before I found out it doesn't apply to me! One thing I discovered that might help you is that you can create a my Social Security account online to see estimates of both your own benefit and potential spousal benefits. It's not as detailed as what you'd get from talking to an actual representative, but it gives you a ballpark idea of which might be higher. Also, if you do end up using Claimyr or getting through to SSA, ask them to explain the "break-even" analysis - basically at what age the cumulative benefits would be equal if you claim early versus waiting. That helped me understand whether delaying made sense in my case.

If you decide to file through the FBU, make sure you understand how international agreements affect your benefits. Portugal and the US have a Totalization Agreement that coordinates Social Security benefits. This means time worked in Portugal might count toward US eligibility requirements and vice versa. However, this can also trigger the Windfall Elimination Provision (WEP) if you receive a pension from Portugal, potentially reducing your US benefits. This is one area where speaking with an SSA representative who understands international agreements can be valuable.

Just a practical note - if you do decide to travel to the US to file, bring EVERY possible document you might need: original birth certificate, marriage certificate if applicable, all passports (current and expired), tax returns from the last few years, proof of foreign residency, and your complete work history. Better to have too much documentation than not enough!

I'm so sorry for your loss. I went through something very similar when my father passed in early 2024 - he had been receiving reduced benefits due to WEP. Here's what I learned from the process: You're absolutely right to pursue this. The retroactive payments don't happen automatically for deceased beneficiaries. I had to visit my local SSA office three times before finding someone who really understood the WEP/GPO repeal implementation for estates. Bring multiple copies of everything - the death certificate, your Letters Testamentary, her most recent SS award letter, documentation of her government pension, and ideally printouts of her benefit payments for Dec 2023-Dec 2024. The SSA-1724 form that Ethan mentioned is crucial. One thing that helped me was creating a simple timeline document showing exactly when her benefits were reduced and by how much each month. It made the calculation process much clearer for the SSA representative. Also, don't give up if the first person you speak with seems uncertain about the process. I had to ask for a supervisor who was more familiar with the recent changes. The whole thing took about 6 weeks to process once I got it filed correctly, and they issued the check to my father's estate. Good luck!

I'm sorry for your loss and want to share what I learned when helping my aunt with a similar WEP situation last year (though she was still living at the time). One thing that really helped was getting everything organized before the SSA visit. Create a folder with: death certificate, executor documentation, her complete SSA payment history for Dec 2023-Dec 2024, and documentation of her government pension amounts. Having it all in one place made the appointment much smoother. Also, if you're having trouble getting through by phone, try calling right when they open (8 AM local time) on Tuesday or Wednesday. Mondays and Fridays tend to be busier. When you do get through, ask them to put notes in her file about your call so future representatives can see the history. The SSA-1724 form that others mentioned is definitely the right starting point. You can download it from ssa.gov and fill most of it out ahead of time. Just be prepared that the first person you speak with might not be familiar with how the WEP/GPO repeal affects deceased beneficiaries - it's still pretty new territory for many SSA employees. Based on what others have shared here about the timeline, I'd recommend getting this filed as soon as possible even if processing takes a while. Better to be in the queue early than risk missing any deadlines. Good luck with everything!

I faxed mine in October and just got the approval letter last week. Never showed up on my online account. Just be patient, they're working on it even if you can't see it.

As someone who just went through this process myself, I can confirm what others have said - the MySocialSecurity portal is basically useless for tracking IRMAA appeals. I submitted my SSA-44 in November after a similar situation (sold some inherited stocks that triggered the surcharge), and like you, saw absolutely nothing online for weeks. What finally worked for me was calling the main SSA number (1-800-772-1213) right when they open at 7 AM local time. I got through on the second try that way. The representative was able to see my form in their system even though it never appeared in my online account. She said the IRMAA unit operates almost entirely separate from the regular SSA systems. Since you're at 3 weeks now and haven't received an acknowledgment letter, I'd definitely recommend calling to verify receipt. If they can't find it, at least you'll know to resubmit before losing more time. The whole process is frustrating, but most people do eventually get their appeals approved if they have legitimate documentation of the income change.

Thank you all for the helpful explanations! This makes so much more sense now. It's amazing that married couples can really maximize their benefits this way. My husband and I are both approaching retirement age and I worked part-time for many years, so I'll definitely be looking into whether the spousal benefit might be better for me. Feeling much more confident about our retirement planning now!

I'm glad this thread helped clear things up! Just wanted to add one more consideration for anyone planning their retirement strategy - timing matters a lot with spousal benefits. If you're the higher-earning spouse, delaying your own Social Security past full retirement age (up to age 70) will increase your benefit by about 8% per year, which also increases the potential spousal benefit for your partner. However, the spouse claiming spousal benefits doesn't get delayed retirement credits - their maximum is still 50% of your Primary Insurance Amount at full retirement age. So it's worth running the numbers to see if it makes sense for the higher earner to delay while the spouse starts collecting spousal benefits earlier. Everyone's situation is different!