One more important thing to note - when your husband passes away, you should not cash or deposit his final Social Security payment if it arrives after his death. That payment will need to be returned to SSA. They will then issue the correct payment based on the date of death. This is a common point of confusion that can lead to overpayment issues later.

As someone who has worked with many families going through this transition, I want to emphasize a few key points that haven't been mentioned yet. First, make sure you keep detailed records of all communications with SSA - dates, names of representatives you spoke with, and case numbers. This becomes invaluable if there are any delays or discrepancies. Second, consider having multiple copies of the death certificate ready, as you'll need certified copies for various agencies and financial institutions beyond just SSA. Finally, if you have any direct deposit information that needs updating or if you want payments sent to a different account, bring that banking information with you when you apply for survivor benefits. The last thing you want to worry about during a difficult time is payment logistics. Planning these details now while you have the mental bandwidth will make the process much smoother later.

UPDATE: I followed everyone's advice and used Claimyr to reach a Social Security rep yesterday. The rep confirmed we need to file the SSA-795 form requesting recalculation due to the WEP repeal. She said we should include: 1. A statement requesting recalculation due to WEP repeal 2. My husband's most recent OPERS benefit statement 3. A copy of his W-2s showing years of substantial earnings She estimated it would take 10-12 weeks for processing but said the backpay would include all months from January 2024. Based on our rough calculation, he should get around $8,550 in backpay plus an additional $475 monthly going forward. Thank you all for your help! I'll post another update once we get the adjustment.

As someone new to this community, I just want to say thank you all for sharing such detailed information! My mom is in a similar situation - she was a teacher for 30 years and has been getting reduced SS benefits due to WEP. We had no idea we needed to file paperwork to get the adjustment after the repeal. Reading through all your experiences has been incredibly helpful. We're going to try the Claimyr service to get through to Social Security and request the SSA-795 form. It's frustrating that SSA isn't being more proactive about notifying people, but at least now we know what steps to take. Will definitely follow up once we hear back from them!

I'm so sorry for your loss, Evan. The RIB LIM rule is incredibly confusing and you're absolutely right that the SSA website doesn't explain it well at all. From everything I've read and experienced, you should actually receive MORE than the $2200 your husband was getting. Since he claimed at 62, he was likely receiving about 75% of his Primary Insurance Amount (PIA), but the RIB LIM rule ensures you get at least 82.5% of his PIA - which should be higher than what he was actually receiving. When you call SSA, definitely ask them to calculate both amounts for you: the $2200 he was getting versus 82.5% of his PIA, and confirm you'll receive whichever is higher. Also, since you're waiting until your FRA at 66 and 6 months, you won't face any early claiming reductions on the survivor benefit. One tip - if you're having trouble getting through to SSA (which unfortunately is common), try calling right when they open at 8:00 AM your local time. The wait times are usually shortest then. Make sure to have your questions written down beforehand because it's easy to forget important details during such emotional conversations. You're making smart decisions by waiting and asking the right questions!

I'm so sorry for your loss, Evan. The RIB LIM rule is one of Social Security's most confusing provisions, and you're definitely not alone in struggling to understand it. From what everyone has explained here, it sounds like you're actually in a better position than you initially feared. Since your husband claimed at 62 and was receiving about $2200 (which was roughly 75% of his Primary Insurance Amount due to the early filing reduction), you should receive the higher of either that $2200 OR 82.5% of his PIA under the RIB LIM rule. Given the math, that 82.5% figure should result in a higher monthly payment for you. When you call SSA, I'd suggest asking them to walk you through both calculations clearly - have them tell you what your husband's PIA was, what 82.5% of that amount equals, and confirm that you'll receive whichever figure is higher. Also ask how this might coordinate with your own retirement benefit if you haven't claimed that yet. The good news is that by waiting until your full retirement age of 66 and 6 months, you're avoiding any early claiming reductions on your survivor benefit. I know navigating these complex rules while grieving is overwhelming, but you're asking exactly the right questions. This community has given you excellent guidance on what to ask SSA. Wishing you strength as you work through this process.

Thank you all so much for the helpful advice! I'm feeling a lot less overwhelmed now. I'm going to try that Claimyr service to speak with someone at SSA directly about both SSI and the DAC benefits (which I had no idea about!). I've already started gathering his medical records, and I'll look into the Special Needs Trust and guardianship options too. One last question - several of you mentioned appealing if we get denied initially. Is there a specific timeline for appeals? And would it be worth hiring a disability attorney right from the start, or should we try navigating the initial application ourselves?

I work as a disability advocate and want to emphasize a few additional points that might help your brother's case: First, when documenting his functional limitations, focus on specific examples of how his disability affects his ability to work. For instance, "needs supervision to complete tasks," "cannot handle money management," or "requires prompts for basic hygiene." The SSA evaluates work capacity, so concrete examples are crucial. Second, consider requesting consultative examinations through SSA if his recent medical records are limited. They'll arrange evaluations with their approved providers, which can strengthen the case with current assessments. Third, keep a detailed diary of his daily care needs starting now. Document what assistance he requires, when, and for how long. This becomes valuable evidence if you need to appeal. Finally, since your parents are aging, also explore your state's developmental disabilities services waiver programs. These can provide additional support services and sometimes help with housing transitions when family caregivers are no longer able to provide care. The process is definitely challenging, but with thorough documentation and persistence, many people in similar situations do get approved. Don't get discouraged if there are initial setbacks - it's unfortunately common in the system.

This is such a valuable discussion! I'm in a similar boat - divorced after 26 years, and I'm older than my ex-husband. What really stands out to me from everyone's experiences is how important it is to be prepared with ALL your documents and to be persistent with SSA. It sounds like the key points are crystal clear: 10+ year marriage (check for all of us), currently unmarried, you're 62+, and your ex is entitled to benefits even if he hasn't filed. The fact that multiple people here successfully filed at their FRA without waiting for their younger ex-spouses gives me so much confidence. I'm definitely going to try that early morning calling strategy and ask specifically about the "restricted application" approach. It's frustrating that we have to become experts on these rules ourselves, but this community support makes all the difference. Thank you everyone for sharing your real experiences!

This thread has been absolutely incredible! I'm a newcomer here but found this discussion while researching my own situation. I'm 64 and divorced after 22 years of marriage, with my ex being 3 years younger. I've been so confused about the timing requirements, but reading everyone's real experiences has cleared up so much uncertainty. The consistent message that you can file at YOUR FRA regardless of your ex's age or filing status is exactly what I needed to hear. I'm particularly grateful for the practical tips about document preparation, early morning calls to SSA, and asking specifically about "restricted applications." It's reassuring to see a community where people share actual experiences rather than just speculation. I'm feeling much more confident about moving forward with my application when I reach my FRA next year. Thank you to everyone who took the time to share their stories - this kind of peer support is invaluable when navigating such a complex system!