Social Security Administration

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Based on your situation, filing now appears to be a sound decision. The calculation your financial advisor provided is accurate - the breakeven period of 17 years for those 4 months of delay is quite long, especially considering the survivor benefit would replace your retirement benefit when your husband passes. One clarification regarding work: at your age (past FRA), there is no earnings limit at all. You could work full-time earning any amount with no reduction in benefits. The earnings limit only applies before FRA. For a complete analysis, you might also want to consider: 1. Tax implications - additional income could potentially push you into a higher tax bracket 2. Medicare premiums - higher income can affect IRMAA surcharges with a 2-year lag But in most cases, these factors wouldn't outweigh the benefit of claiming now rather than waiting those additional 4 months.

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Thank you for that clarification about the earnings limit! I was aware there was no limit after FRA but since I'm technically 3 months before my FRA, I thought the limit still applied. That's good to know. Great point about the tax implications too. We're managing our withdrawals from retirement accounts to stay in a lower tax bracket, so I'll need to factor this income in. Looks like I have some calculations to do, but I'm definitely leaning toward filing now.

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I went through this same decision process about 18 months ago! My situation was very similar - I was 67 with a husband already collecting his higher benefit, and I was torn between taking mine early or waiting for FRA. After running the numbers with three different sources (SSA calculator, AARP calculator, and a fee-only financial planner), they all pointed to the same conclusion your advisor gave you. The math is pretty straightforward when there's a significant survivor benefit waiting in the wings. What really helped me make the decision was realizing that Social Security isn't just about maximizing the total payout - it's about having reliable income when you need it. Those monthly payments started covering our grocery bills and gave us breathing room in our budget immediately. One practical tip: when you file, ask about having taxes withheld if you think you'll owe. You can choose 7%, 10%, 12%, or 22% withholding. It's easier than making quarterly estimated payments later. Also, if you haven't already, set up a my Social Security account online - makes tracking everything much simpler. You're making a smart, well-researched decision. Don't let decision paralysis cost you those monthly payments!

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I'm so sorry for your loss. I just went through this process a few months ago and completely understand your concerns about mailing original documents - it's such a scary thought when they're irreplaceable. The good news is you absolutely CAN bring them to your local office instead of mailing! During your phone appointment Thursday, just mention right at the beginning that you'd prefer to handle documents in person. They're very understanding about this and will schedule you to come in, usually within a week or two. When you go, they'll review everything, make copies while you wait (takes about 15-20 minutes), and hand your originals right back to you. Just make sure to bring everything on their list plus a valid photo ID. One tip: ask if they can schedule your document appointment for the same day as your phone interview if the timing works - some offices can do this and it saves you an extra trip. You're going to get through this, and the staff are generally very helpful during what they know is a difficult time.

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Thank you so much for the condolences and detailed advice. It's incredibly reassuring to hear from someone who just went through this recently. The tip about asking to schedule the document appointment on the same day as the phone interview is really smart - that would definitely be more convenient if they can accommodate it. I'm feeling so much better about this whole process after reading everyone's experiences. Knowing that it only takes 15-20 minutes and that I'll get my originals back immediately is exactly what I needed to hear. I'll definitely mention my preference for in-person handling right at the start of my Thursday call. Thank you for taking the time to help ease my worries during this difficult time.

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I'm so sorry for your loss. I went through this exact same situation about 4 months ago and was terrified about mailing my original documents too. You absolutely can bring them to the local office instead! During your phone appointment on Thursday, just tell them right away that you'd prefer to handle the document verification in person. They're very accommodating about this - in my case, they scheduled me to come in the following Monday. The whole process was really straightforward: I brought all the documents on their list plus my photo ID, they reviewed each one carefully, made copies while I waited (took about 15 minutes), and handed all my originals right back to me. Such a relief! One thing that helped me was making a checklist beforehand to ensure I brought everything they needed in one trip. Don't worry about this part - focus on getting through your phone interview first, and they'll take good care of you with the documents. Wishing you strength during this difficult time.

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Thank you for sharing your recent experience and for the condolences. It's so reassuring to hear from someone who went through this just 4 months ago. The checklist idea is really smart - I should definitely prepare that in advance to make sure I don't forget anything important. It sounds like everyone who's done the in-person route has had such positive experiences, which is really putting my mind at ease. I'm feeling much more confident about my Thursday call now and will definitely ask for the in-person option right away. The 15-minute timeframe you mentioned sounds very manageable. Thank you for taking the time to offer such thoughtful advice during what I know is a sensitive topic to discuss.

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I'm new to this community but currently going through this exact situation with my ex-husband's Social Security benefits. This thread has been absolutely invaluable - I've been struggling for over 4 months with the same runaround between SSA and my local court. What really resonates with me is how many people mentioned the court clerks being completely unfamiliar with this process. I had the exact same experience where they told me "we don't handle Social Security matters" and basically refused to help. It's incredibly frustrating to be stuck in the middle when you're just trying to collect court-ordered support. I'm planning to go back to court next week armed with all the specific information shared here - Form SSA-1990, the Baltimore mailing address, and especially that SSA Program Operations Manual section that @NebulaNinja mentioned. It's clear that bringing printed documentation from SSA's own website is crucial to get the court staff to actually do their job. For anyone else dealing with this, I'm keeping detailed notes on everyone's advice here. The consistency across multiple people's experiences gives me confidence that this approach actually works, even if it requires multiple trips and a lot of persistence. Thank you all for sharing your hard-won knowledge - it's giving me hope that I can finally break through this bureaucratic nightmare!

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Welcome to the community! I'm also new here and just starting to navigate this same frustrating process. Reading through everyone's experiences has been both eye-opening and encouraging - it's clear this is a widespread problem with court clerks not understanding their role in SSA garnishments. What I find most helpful from this thread is how specific everyone has been about the exact forms and procedures that worked. The fact that multiple people had success using the same approach (Form SSA-1990, the Baltimore address, Section 459 citations) gives me confidence there's actually a reliable path through this bureaucratic maze. @NebulaNinja's step-by-step breakdown and @Keisha Robinson s'advice about standing your ground in the clerk s'office until they actually send the paperwork are particularly valuable. It sounds like we really do need to be prepared to educate court staff about federal requirements they should already know. I m'planning to compile all the documentation mentioned here before I make my next attempt. Having this community resource has already saved me weeks of trial and error. Thanks everyone for sharing your hard-fought knowledge!

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Demi Hall

I'm new to this community but currently dealing with this exact same situation! My ex-spouse owes me $18,000 in back alimony and I've been getting the same runaround for months. Reading through all these responses has been incredibly helpful - especially seeing the specific documentation and procedures that actually worked for people. The most frustrating part is how unprepared the court staff seems to be for these situations. Like so many others here, I was told by the clerk's office that they "don't handle Social Security matters" when that's clearly not true based on federal law. I'm planning to go back next week with printed copies of Form SSA-1990, the SSA Program Operations Manual section that @NebulaNinja mentioned, and the specific Baltimore mailing address. It's ridiculous that we have to educate court personnel about their own procedures, but it seems like that's what it takes. For anyone else struggling with this - the consistency across everyone's experiences here gives me real confidence that persistence with the right documentation actually works. This thread has become my roadmap for finally getting this resolved. Thank you all for sharing your knowledge and creating such a valuable resource for others dealing with this bureaucratic nightmare!

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Welcome to the community and I'm sorry you're dealing with this frustrating situation too! It's really validating to see so many people sharing similar experiences - makes me feel less alone in this bureaucratic nightmare. The consistency in everyone's advice here about Form SSA-1990 and the Baltimore address has been a game-changer for me. I'm actually planning to make copies of the most successful approaches mentioned by @NebulaNinja and @Keisha Robinson to take with me as a reference guide. One thing I m'wondering - has anyone had experience with what happens if the court still refuses to submit after you bring all the proper documentation? I m'trying to prepare for all possibilities since my local clerk s'office has been so unhelpful so far. The congressional representative option that @Connor O Neill'mentioned might be my backup plan if the direct approach doesn t'work. Good luck with your appointment next week! Hopefully between all the detailed guidance in this thread, we can both finally break through this frustrating process.

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After reading all the comments, I think there's some confusion about the timing. You don't need to apply for anything right now while your ex is still living. Survivor benefits only come into play after he passes away. At that point, if you're 60 or older, you can apply for divorced spouse survivor benefits. In the meantime, focus on understanding your options so you can make the best choice when the time comes. The SSA has a "Survivors Planner" section on their website that explains all of this in detail. Just to reiterate - both you and his current wife can potentially receive full survivor benefits based on his record. They are not split or reduced because there are multiple eligible survivors.

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Yes, I understand I can't apply until after he passes. I'm just trying to prepare and understand my options now so I'm not dealing with financial uncertainty on top of grief when it happens. Thank you for clarifying that both his current wife and I could receive benefits without reduction.

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I'm sorry you're going through this difficult situation. As someone who works with Social Security cases, I wanted to add a few important points that might help: 1. **Documentation timing**: While you can't apply until after he passes, you might want to quietly gather your divorce decree and marriage certificate now. Make sure you have certified copies stored safely. 2. **Benefit calculation**: Your survivor benefit will be based on what his Primary Insurance Amount (PIA) would be at his full retirement age, not what he's currently receiving if he's already collecting benefits. This is important because if he took early retirement, your survivor benefit could actually be higher than his current monthly payment. 3. **Medicare consideration**: If you're not already on Medicare when you become eligible for survivor benefits, you'll need to think about health insurance. Survivor benefits don't automatically come with Medicare eligibility until you reach 65. 4. **State benefits**: Don't forget to check if your state has any additional survivor benefits or programs that might help. The fact that you're planning ahead shows good judgment, even though it feels uncomfortable. Having a financial plan will give you one less thing to worry about during an already difficult time.

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This is incredibly helpful, especially the point about the benefit potentially being higher than what he's currently receiving if he took early retirement. I hadn't thought about that at all. I'm 59 now, so I'd be eligible right when I turn 60. The Medicare point is really important too - I'm currently on COBRA from my old job but that won't last much longer. Do you know if there are any special enrollment periods for Medicare when you become eligible for survivor benefits, or would I need to wait until 65?

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I'm so sorry for your loss, Eli. Losing someone to early-onset dementia is incredibly difficult, and having to navigate Social Security bureaucracy during such a painful time just adds to the burden. Reading through all the responses here, it's clear you've gotten some excellent and accurate advice. The community really came together to help clarify this confusing rule. Just to add one more perspective from someone who works adjacent to these issues - the "death on the first day of the month" exception (POMS GN 02408.610) is indeed real but unfortunately not widely known, even among some SSA staff. Given that it's been 5 weeks since you received SSA's acknowledgment letter, I'd strongly recommend trying multiple approaches simultaneously: use that phone service someone mentioned to get through faster, visit your local office if possible, and definitely consider reaching out to your congressional representative's office as suggested. Sometimes having multiple touchpoints helps move things along. When you do connect with SSA, be prepared to educate them about their own policy if needed. It sounds like you now have all the documentation and knowledge you need. The fact that you were his representative payee should actually make this process smoother once you get the right person on the case. You're handling this incredibly well under very difficult circumstances. This community clearly has your back, and you will get through this.

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Thank you so much, Diego. Your perspective is really valuable, especially coming from someone who works with these types of issues. You're absolutely right that taking multiple approaches simultaneously is probably the smartest strategy - I don't want to wait weeks for one approach to fail before trying another. It's reassuring to know that being his representative payee should actually help once I get to the right person. I feel so much more confident about handling this now thanks to everyone's input here. This community has been incredible - I came in completely confused and overwhelmed, and now I have a clear action plan and the knowledge to advocate for myself effectively. I never expected to get such thorough and caring responses. Thank you all for turning what felt like an impossible situation into something manageable.

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I'm so sorry for your loss, Eli. Losing someone to early-onset dementia is heartbreaking, and dealing with Social Security issues while grieving makes everything so much harder. I wanted to jump in because I actually went through this exact situation when my mother passed away on March 1st two years ago. The "death on the first day of the month" rule is real but surprisingly not well-known, even among some SSA representatives. From reading all the excellent advice here, you now have a solid game plan. I'd just add one thing that really helped me: when I finally got through to SSA, I asked them to put me on a three-way call with their technical support team to confirm the POMS GN 02408.610 policy. This way, if there was any confusion about the rule, we could resolve it immediately rather than having to call back later. Also, I see someone mentioned the congressional representative route - this was a game-changer for me. My representative's office had a dedicated Social Security caseworker who knew exactly how to navigate these situations. They got my mom's final payment processed in about 10 days after I'd been struggling for over a month. You're being incredibly thorough in documenting everything and getting all the right forms together. The fact that you were his representative payee will definitely work in your favor once you get to someone who understands the process. Hang in there - you've got this, and this community clearly has your back every step of the way.

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