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Can I collect my imprisoned husband's Social Security benefits with his POA given to someone else?

I'm in a complicated situation with my husband's Social Security benefits. He's currently in jail and headed to prison soon. Last year, he revoked my Power of Attorney and gave it to another inmate who is now also in jail with a $500,000 bond! I'm 67 years old and my husband is 66. I currently receive very little from Social Security, and I'm wondering if I can access more of my husband's benefits since we're still legally married. Do I have any options now, or do I have to wait until he passes away to claim survivor benefits? The little bit I get now barely covers my basic expenses. Would the fact that someone else has POA affect my rights as his spouse to claim benefits? Any advice would be appreciated as I'm really struggling financially.

I want to thank everyone for their help and advice. I called SSA this morning but couldn't get through after being on hold for over an hour before getting disconnected. I'm going to try that Claimyr service someone mentioned to see if I can actually speak to someone. I've also scheduled an in-person appointment at my local office for next week just in case. I'm bringing all the documents suggested - marriage certificate, both our Social Security cards, birth certificates, and information about his incarceration. It's a relief to know that the POA situation doesn't affect my eligibility for spousal benefits. I'll update once I get some resolution!

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Good plan! Having both the phone and in-person approaches is smart. The wait for in-person can be long, but sometimes it's the most effective way to get complex situations resolved. Good luck!

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That sounds like a solid plan! I'd also suggest writing down all your questions beforehand so you don't forget anything during the appointment. Since you mentioned you're 67 and only getting a small amount currently, the spousal benefit could make a real difference in your financial situation. Don't let them rush you through the process - make sure you understand everything they're telling you about your benefits.

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This thread has been absolutely incredible to follow! I'm blown away by the depth of knowledge and genuine care everyone has shown. As someone who's dealt with government bureaucracy before (though not SSA specifically), I can't emphasize enough how valuable all this practical advice is. A few things really stood out to me that I think are worth highlighting for anyone else who might find this thread later: 1. The distinction between POA and benefit eligibility - this seems to be a common source of confusion that was cleared up brilliantly here 2. The importance of being your own advocate and not accepting vague answers 3. The multiple backup strategies (phone, in-person, services like Claimyr, local office numbers) 4. Documentation is key - keeping logs, bringing all relevant paperwork, asking for written summaries 5. There are SO many assistance programs available that most people don't know about What strikes me most is how this went from one person's specific crisis to an incredibly comprehensive guide that could help countless others. The combination of professional expertise (retired SSA employee, benefits counselor, nonprofit worker) with real personal experiences creates such a valuable resource. To the original poster - you should feel proud of how proactively you've approached this difficult situation. You've turned what seemed like an overwhelming crisis into a clear action plan, and you've created a resource that will help many other people facing similar challenges. I'm really hoping your appointment goes smoothly and you get the financial relief you need and deserve. Please do update us - I think everyone who contributed here would love to hear about your success! This is exactly why online communities like this are so powerful. Thank you to everyone who shared their time, knowledge, and encouragement!

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I'm also new to this community and just wanted to echo how incredibly helpful this entire discussion has been! As someone who's completely unfamiliar with Social Security benefits, I've learned more from reading through these responses than I probably would have from hours of trying to navigate government websites on my own. What really impressed me is how everyone took the time to explain not just WHAT to do, but WHY certain steps are important and HOW the system actually works. The breakdown of technical terms, the explanation of POA vs. benefit rights, and all the practical tips about documentation and persistence - it's like getting a master class in navigating government benefits. To the original poster - you've shown such strength and determination in seeking out help and taking action despite being in such a difficult situation. I'm confident that with all the excellent advice you've received here, you're going to get the resolution you need. This thread will definitely be a resource I bookmark for future reference, and I'm sure many others will too. Thank you to everyone who contributed their expertise and experiences - this is what makes online communities truly valuable!

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Will my Social Security ex-spouse benefits be based on his claiming age 65 or work until 70?

I'm confused about how my ex-spouse benefits work with Social Security! I'm currently 66 years and 4 months old and trying to decide when to file. My ex-husband is 73 now and we were married for 25 years before divorcing in 2019. He started taking his SS benefits when he was 65 but kept working at his engineering firm until 70 (making around $135k annually). I've worked consistently too but at a much lower salary (administrative assistant making about $52k before retiring last year). I know I qualify for ex-spouse benefits since we were married over 10 years, but I'm confused about HOW they calculate my benefit. Will my ex-spouse benefit be based on what he started collecting at 65 or the higher amount he would've received at 70 after working those extra years? Does his continued work after claiming affect what I can get? I've reached my FRA now and trying to maximize what I can receive. The SSA website is so confusing on this!

One more thing to consider: Since you're past your FRA, you should know that there's no advantage to waiting longer to claim ex-spousal benefits. Unlike your own retirement benefit, ex-spousal benefits don't grow with delayed retirement credits past your FRA. So if the ex-spousal benefit is going to be higher than your own benefit, you might as well claim now. But if your own benefit is higher, and especially if it's close, you might consider waiting until 70 to maximize your own benefit with delayed retirement credits (which grow about 8% per year until 70).

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This is really helpful information! I had no idea that ex-spouse benefits don't increase if I wait. So there's really no advantage to waiting if I'm going to get the ex-spouse benefit. I'm going to try to get an appointment or at least talk to someone who can run the numbers for me. Thank you all for your help!

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I just wanted to add something that might help with your decision timing. Since you mentioned you retired last year and are now 66 and 4 months, you should also consider your overall financial situation. If you need the income now, there's no penalty for earning money while collecting Social Security since you're past your FRA. Also, regarding getting information without opening a claim - you can actually request a Social Security Statement online at ssa.gov/myaccount which will show your own estimated benefits. While it won't show your ex-spouse benefit amount, it will at least give you your own benefit estimate to compare against. One last tip: if you do end up needing to wait 3 months for an appointment, you might want to go ahead and schedule it now anyway. You can always cancel if you figure things out sooner, but at least you'll have that backup option. Good luck with everything!

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Social Security widow benefits at 56 vs 60 with SSDI - do I really have to wait?

I'm currently receiving my own SSDI benefits but they're pretty low ($1,125/month). My husband passed away from terminal cancer 3 years ago when I was 53. He was receiving SSDI at the time of his death (about $1,850/month). When I contacted SSA after his passing, they told me I had to wait until I turn 60 to receive any widow's benefits. I'll be turning 56 this May and honestly, I'm struggling financially with just my smaller disability payment. Does anyone know if this is actually true that I have to wait until 60? I've heard conflicting things about disabled widow benefits being available earlier. Is there something I'm missing or some exception I should ask about? Any insight would be so appreciated as these next 4 years seem impossible on my current payment.

This is exactly why communities like this are so valuable! Andre, I'm thrilled you were able to get through and confirm your eligibility - what a relief that must be. For anyone else reading this who might be in a similar situation, here are the key takeaways from this thread: 1. Disabled widow(er) benefits ARE available as early as age 50 if your disability began before or within 7 years of your spouse's death 2. You must specifically ask about "disabled widow benefits" - many SSA reps won't think to check otherwise 3. Use services like Claimyr if you're having trouble getting through on the phone 4. Don't accept the first "no" - ask for supervisors and keep trying 5. Bring all documentation to your appointment (death cert, marriage cert, disability approval letter, SSNs) 6. The benefit amount is reduced if taken before Full Retirement Age but may still be higher than your own SSDI It's truly shameful how often people have to fight for benefits they're legally entitled to. Thank you to everyone who shared their experiences - this information could save other families years of unnecessary financial hardship.

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This is exactly why I love this community! Omar, you've summarized everything perfectly. As someone new here, I'm amazed at how willing everyone is to share their knowledge and experiences to help others navigate these complex systems. Andre's story really highlights how important it is to be your own advocate and not just accept the first answer you get from SSA. I'm bookmarking this thread because the information here is gold for anyone dealing with survivor benefits. Thank you all for being so generous with your time and expertise!

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Andre, this is such wonderful news! I'm so happy you were able to get through to SSA and confirm your eligibility. This entire thread has been incredibly valuable - I had no idea about disabled widow benefits being available as early as age 50. It's really frustrating that you had to struggle for three years when you were eligible all along, but I'm glad you found the support and information you needed here. The community knowledge shared by everyone, especially about the specific terminology to use and services like Claimyr, seems to have made all the difference. Best of luck with your appointment next week! Make sure to bring copies of everything and don't hesitate to ask questions if anything seems unclear. Your persistence and willingness to advocate for yourself is inspiring, and I'm sure your experience will help other widows and widowers who might be in similar situations. Please keep us updated on how the application process goes!

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I'm also new to this community and just wanted to echo everyone's congratulations, Andre! This thread has been absolutely incredible to read through - the way everyone came together to share knowledge and help you figure out your benefits situation is exactly what online communities should be about. It's honestly appalling that SSA representatives initially told you to wait until 60 when you've been eligible for disabled widow benefits since you were 50. Three years of unnecessary financial hardship because someone didn't know the rules properly is just unacceptable. But I'm so relieved you finally got the right information! Thank you to all the experienced members who shared such detailed advice - from knowing to ask specifically about "disabled widow benefits" to practical tips like using Claimyr and bringing all the right documentation. This information is pure gold for anyone navigating the Social Security system. Andre, wishing you the smoothest possible appointment and hoping for quick approval!

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SSDI and Medicare timing question - do I have to take Medicare at 64 if approved for disability?

Just got approved for SSDI with an onset date of 11/21/23! I'm currently 64 years and 3 months old, and I'm confused about how Medicare works with my situation. Since I'm less than 29 months away from turning 65 (when I'd normally get Medicare), does that mean the waiting period is waived and I can get Medicare coverage now? Or am I still subject to some waiting period? Also, am I actually REQUIRED to take Medicare before 65 if I'm on SSDI, or is it optional? I have decent insurance through my spouse right now. The SSA rep I talked to seemed unsure and gave me conflicting information. Anyone been through this specific situation?

I'm new to this community but wanted to share my experience since I just went through a very similar situation last year. I was approved for SSDI at 63 with an onset date that would have put my Medicare eligibility right around my 65th birthday. The whole process was incredibly confusing, especially getting consistent information from SSA representatives. What really helped me was creating a simple spreadsheet with all the important dates and calling my insurance company multiple times to understand their specific policies. One thing I learned that others have touched on - make sure you understand not just IF your current coverage is creditable, but also how your insurance company handles claims once you become Medicare-eligible through any route. Some companies have very specific rules about when they stop being the primary payer, and it's not always intuitive. Also, start familiarizing yourself with Medicare.gov now while you have time. The Annual Open Enrollment period, Medicare Advantage vs. Supplement plans, prescription drug coverage - there's a lot to learn and having almost a year to research will serve you well. Congratulations on your SSDI approval, and don't let the Medicare complexity stress you out too much. You have time to get it right!

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Thank you so much for sharing your experience! It's really reassuring to hear from someone who just went through this exact situation. The spreadsheet idea is brilliant - I'm definitely going to create one with all the key dates and information. I've been feeling overwhelmed by all the different pieces (SSDI timing, Medicare parts, creditable coverage, coordination of benefits), but breaking it down systematically like that should help me keep track of everything. You're absolutely right about calling the insurance company multiple times - I've learned from this thread that I need to ask very specific questions about their policies, not just general ones. And starting to explore Medicare.gov early is great advice. I'd rather spend the next several months learning about Medicare Advantage vs. Supplement plans when I'm not under pressure to make quick decisions. Thanks for the encouragement about having time to get it right - I was starting to feel like I was behind on something urgent, but you're right that I actually have a good window to research and plan properly!

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I'm new to this community but have been dealing with similar Medicare/SSDI timing issues, so I wanted to jump in and share what I've learned from my research and talking to Medicare counselors. One resource that hasn't been mentioned yet is your State Health Insurance Assistance Program (SHIP) - they provide free, unbiased Medicare counseling and can help you understand exactly how your SSDI status will affect your Medicare options when you turn 65. They're often more knowledgeable about these complex timing situations than general SSA reps. Also, since you mentioned your spouse might retire soon, SHIP counselors can help you model different scenarios for how that timing might impact your Medicare decisions. You can find your local SHIP program through the Medicare.gov website. Another thing to consider - if your spouse does retire before you turn 65, you might want to look into whether continuing your current coverage through COBRA would still qualify as creditable coverage, or if you'd be better off enrolling in Medicare earlier than 65 (if you become eligible through the SSDI route). The penalty calculations can get complex when you have overlapping eligibility periods. Congratulations on your SSDI approval, and I hope you can get some clear answers soon!

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This is exactly the kind of resource I needed to know about! I had no idea that State Health Insurance Assistance Programs existed, and having access to free, unbiased counseling sounds incredibly valuable. I've been getting so much conflicting information that having an expert who specializes in these complex timing situations would be a huge relief. I'm definitely going to look up my local SHIP program on Medicare.gov. The point about modeling different scenarios based on my spouse's retirement timing is particularly important - I realize I need to plan for multiple possibilities rather than just assuming our current insurance situation will continue unchanged. And you're absolutely right about the COBRA question - I hadn't considered whether that would still count as creditable coverage or if the penalty calculations might actually favor enrolling in Medicare earlier in that scenario. It sounds like there are a lot more variables and strategic considerations than I initially realized. Thank you for pointing me toward SHIP - having a knowledgeable counselor to help work through all these "what-if" scenarios sounds like exactly what I need to make informed decisions!

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First SS retirement payment timing after Sept online application - what to expect?

I submitted my Social Security retirement application online on September 10th and selected October as my benefit month. The confirmation page showed my application was received, but I haven't heard anything since. No requests for additional documents, no emails, nothing. The MySocialSecurity portal just shows 'pending' status. For those who've been through this recently - if they don't ask for more information, how long typically until I get my first payment? I've heard different things from friends - one said 3 weeks, another said they had to wait almost 2 months. Is there a standard timeline? Getting a bit anxious as I've already budgeted for this income starting in November!

This happened to my brother too! Online status stuck on

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I went through this exact same process last year! Applied online in August for September benefits, and like you, heard absolutely nothing for weeks. The silence was nerve-wracking, but my first payment showed up right on schedule in October on the third Wednesday (my birthday is the 15th). The online portal never updated either - it just said "pending" until suddenly one day it switched to showing my payment history. Since your situation sounds straightforward and you already set up direct deposit, I'd expect your November payment to arrive without any drama. The SSA's communication is terrible, but their payment system is actually pretty reliable once everything is processed. Try not to stress too much - no news really is good news with them!

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