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im in kinda the same boat. divorce after 11 years and ex makes way more than me. but i heard you need to be married 10 years to get anything from their record. is that true?????
Yes, that's correct - you need to have been married for at least 10 years to qualify for divorced spouse benefits. Since you were married for 11 years, you should meet that requirement. The other requirements are: 1) You must be at least 62, 2) You must be unmarried currently, and 3) If divorced less than 2 years, your ex must have filed for their benefits (but after 2 years of divorce, you can file regardless of whether they have).
Thank you all SO much for the helpful responses! I've scheduled an in-person appointment for next Tuesday morning. I'm bringing ALL my documents - marriage certificate, divorce decree, birth certificate, current benefit statement, and I even managed to find his SSN in some old tax returns. I'm going to specifically ask about "independently entitled divorced spouse benefits" and make sure they understand I've been divorced over 2 years and we were married over 10 years. I'm feeling hopeful for the first time in years! If they try to tell me I don't qualify because he's still working, I'll politely ask them to check the rules again. If I hit another brick wall, I might try that Claimyr service to reach someone who actually knows these specific rules. I'll update after my appointment to let everyone know how it went. Crossing my fingers!
Thanks everyone for all the great information! I think I'm going to call SSA using that Claimyr service to get answers specific to my situation, then talk to my financial advisor about whether I should reduce my hours/income or just accept the benefit reduction. At least now I understand that my Real Estate Professional status for taxes won't help me avoid the earnings test. Really appreciate all your insights!
dont bother with the phone unless you want to wait 3 hours!!! go to the offfice in person and bring your mom's ID and your dad's too
I went through something similar with my grandparents last year. One thing to consider - if your mom gets approved for the higher spousal benefit, make sure SSA knows where to deposit it. If she's been getting her own benefit via direct deposit, they should use the same account, but sometimes they mess up and send a paper check for the new amount which can cause confusion. Also, when you call SSA, specifically ask about their "Compassionate Allowances" process since both your parents have serious medical conditions. This won't affect the benefit amount but might expedite the processing. And definitely pursue the Medicaid application simultaneously - at their ages with those medical conditions, they'd likely qualify for home health aide services which would be life-changing given what you described.
Thank you for the advice on the direct deposit - I wouldn't have thought about that! Mom still gets paper checks (old school) but I should probably set up direct deposit when applying for the increased amount. I'll definitely ask about Compassionate Allowances too - anything that speeds up the process would be helpful at this point.
does anyone know if this happens if u dont have a my social security account? my mom doesnt do computers but im worried someone could do this to her too
This can absolutely happen to people without online accounts. In fact, creating a my Social Security account is one protection against this type of fraud, as it prevents someone else from creating an account in your mother's name. I'd recommend helping her set one up, even if she doesn't plan to use it. You can assist her with the setup and monitoring.
Update: I called the fraud hotline and filed a formal report. They gave me a case number and are sending written confirmation. I've also placed freezes with all three credit bureaus and filed the FTC report. Still waiting to hear if they can tell me how someone got my information in the first place, but at least I feel like I've taken steps to protect myself. Thanks again to everyone for the advice - this community has been incredibly helpful during a stressful situation!
Excellent work taking all those protective steps! Unfortunately, they probably won't be able to tell you exactly how your information was compromised - it could have been from any number of data breaches over the years. The important thing is that you caught it early and took swift action. You might want to consider ongoing credit monitoring as an extra layer of protection going forward.
The CSRS offset is an absolute nightmare to figure out!!! I worked for the govt for 28 years and despite dozens of calls nobody at SSA could explain it properly. When I finally got my benefits they were WAY lower than the online estimates. Make sure you keep calling until you get someone who ACTUALLY understands CSRS cases!!
To sum up what you need to know about your specific situation: 1. DRCs: You earn 8% per year in delayed credits from your FRA to age 70. This is calculated monthly (2/3% per month). These stop accumulating at age 70. 2. Retroactive benefits: At age 70, you can choose to receive up to 6 months of retroactive benefits, but this means your benefit amount would be calculated as if you filed 6 months earlier (losing those final DRCs). 3. CSRS impact: Your CSRS pension will trigger the Windfall Elimination Provision (WEP), which will reduce your Social Security benefit. The reduction depends on your years of "substantial earnings" under Social Security. 4. Filing decision: The choice between maximum DRCs vs. retroactive benefits is essentially: - Maximum monthly amount for life (filing at 70 with no retroactive) - Slightly lower monthly amount for life PLUS a lump sum payment (retroactive option) The math favors taking maximum DRCs if you expect to live past approximately age 82-83. Otherwise, the retroactive option might be better financially.
i waited 8 months after my retirement age to file and only got 6 months back pay so thats definitely the limit no matter how long you wait just fyi
My husband and I both turned 67 last year and we filed at different times to test this exact thing! I filed exactly ON my birthday month, and he waited 5 months to file. Guess what? He got 5 months of back pay AND his regular payment started the same month as mine! The system makes NO SENSE. And don't get me started on the taxation of these benefits - we're being DOUBLE TAXED on money we already paid taxes on during our working years!!! The whole system needs an overhaul!!
did u have to pay taxes on the lump sum backpay? i'm worried about that pushing me into a higher bracket this year
Regarding taxation of the lump sum retroactive payment: Yes, Social Security benefits can be taxable depending on your total income. For the retroactive benefits specifically, you have two options: 1. Include the entire lump sum in your income for the year you receive it, or 2. Apply the retroactive benefits to the tax years they were actually for (using Form SSA-561-U2) The second option might be beneficial if including the lump sum in your current year would push you into a higher tax bracket. I'd recommend consulting with a tax professional to determine the best approach for your specific situation.
I'm in a similar situation but decided to wait. Financially it makes more sense for most people unless you have health issues or really need the money now. That 30% permanent reduction is significant.
To calculate your specific amount with precision: take your annual earnings over the limit ($34,000 - $22,560 = $11,440), divide by 2 = $5,720 annual reduction. Then divide your full benefit by 12 months ($1,800 × 12 = $21,600 annual benefit). Subtract the reduction ($21,600 - $5,720 = $15,880 annual adjusted benefit). Divide by 12 to get monthly = $1,323/month approximately. Remember this is before any tax considerations. And the earnings limit typically increases slightly each year with inflation adjustments.
just wondering, does your ex know youre applying for this? do they notify him or anything? my ex would freak out if he knew i was getting money based on his record lol
make sure you bring EVERYTHING to your appointment!!! birth certificate, SS card, marriage license, divorce papers, tax returns, ID, everything!!! my friend forgot her divorce decree and had to reschedule and waited another 6 weeks for an appointment it was a nightmare
A quick tip: When you call or visit SSA, specifically ask for a "TECHNICAL EXPERT" who specializes in WEP/GPO cases. Regular claims representatives often don't fully understand these complex provisions. A technical expert can provide a detailed, written explanation of your benefit calculation. Also, while it doesn't apply to your current situation, I want to mention for others reading this thread: If you're affected by GPO, there's something called the "Last Day of Employment" exception. If you were eligible for your government pension before July 1, 2004, and your last day of government employment was before July 1, 2004, you might be exempt from GPO. Always worth checking if this applies to your situation.
my aunt asked for a technical expert and they said they dont have any at our local office! she had to drive 45 miles to a bigger office to find someone who knew about wep/gpo stuff
Based on all the information you've shared, here's my analysis of what might be happening: 1. Your own benefit may be correctly reduced by WEP (unless you qualify for the 30-year exception) 2. Your husband's PIA is likely lower than his current benefit amount 3. Your spousal benefit is being reduced by GPO The formula should be: Your WEP-reduced benefit + [max(0, (50% of husband's PIA - 2/3 of your pension))] If the amount in the parentheses is negative, you get nothing additional from the spousal benefit. The fact that you're getting some spousal addition means that 50% of your husband's PIA is more than 2/3 of your pension, but the difference is small. My recommendation: Request a "PEBES" (Personal Earnings and Benefit Estimate Statement) and a detailed calculation of your WEP and GPO adjustments. Then make an appointment with a technical expert at SSA to review everything.
Thank you for this thorough analysis! I think I understand now - the combination of WEP affecting my own benefit and GPO affecting my spousal benefit is what's causing the confusion. I'll request the PEBES and detailed calculation as you suggested. I really appreciate everyone taking the time to help me understand this complicated situation!
Dmitry Smirnov
Given what you've said - he's 67, has memory issues, is unemployed, and you need the money - I think he should file right now. Here's my reasoning: 1. You're struggling financially - $2,200/month would help immediately 2. The memory issues create risk for a more complicated application later 3. He's already at FRA so there's no penalty for filing now 4. Your SSDI plus his retirement would give you about $3,950/month combined While waiting until 70 would give him an extra $528/month, that's 36 months of not receiving $2,200/month - that's $79,200 you'd be missing out on in the short term. You'd need to live over 12 years beyond age 70 just to break even on that decision.
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Dylan Cooper
•Thank you for breaking down the numbers like that. When you put it that way, it makes a lot more sense to file now. We definitely need the money more now than later, and the break-even timeline is longer than I realized.
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Sofia Perez
To answer your question about survivor benefits: If your husband passes away, you would receive the higher of the two benefits, not both. So you would stop receiving your SSDI and instead receive his Social Security retirement benefit as a survivor benefit. This is why his benefit amount matters for your long-term financial security as well. Given your current financial situation and his cognitive challenges, filing now seems most prudent. The immediate financial relief outweighs the potential long-term gain, especially considering the administrative challenges you might face if his condition worsens.
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Dylan Cooper
•I really appreciate the clarification. After reading all the advice here, I think we'll go ahead and file for his benefits right away. The combination of our immediate financial needs and the potential complications with his memory issues makes waiting too risky. Thank you everyone for your help!
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