Based on the benefit amounts you shared ($3,100 for your own at 70 vs $2,400 for survivor at FRA), I can confirm your advisor's strategy makes sense. Taking survivor benefits now and switching to your own at 70 would maximize your lifetime benefits. Just one more important point: since you haven't received any payments yet, your withdrawal should be processed without requiring any repayment. Make sure you submit both the withdrawal form AND a new application for survivor benefits at the same time to minimize any gap in processing. And don't worry - this type of correction is exactly why the withdrawal provision exists. You haven't made any permanent mistake here.

One thing I haven't seen mentioned yet is that you should also consider calling ahead to your local SSA office to schedule an appointment rather than just mailing in the forms. When I helped my sister navigate a similar situation, the in-person appointment made a huge difference - the representative was able to process both the withdrawal and new survivor benefit application on the same day, which eliminated the processing gap entirely. Also, bring documentation of your husband's death certificate and your marriage certificate to the appointment, even though they likely already have this information. Having everything in one place can speed up the process significantly. The fact that you caught this before receiving any payments puts you in the best possible position to make this correction smoothly!

I'm dealing with a similar situation right now with my late mother's estate. One additional thing to consider - if your father had any automatic bill payments coming out of his Social Security, those companies might have tried to process payments after his death and received returned payment notices. I discovered this when going through my mom's mail and found several "payment returned" notices from her utility companies. It's worth checking his mail for a few months after you resolve the uncashed check issue, just to make sure there aren't any other financial loose ends. Also, some banks will hold returned direct deposits for a certain period before sending them back to SSA, so there might be a delay in when those show up in their system. The SSA office should be able to tell you about any returned payments when you go in for your appointment.

I'm sorry for your loss. I just went through this process myself when my grandfather passed away last fall. One thing that really helped me was bringing a notebook to document everything when I finally got my SSA appointment. I wrote down the representative's name, badge number, what forms they gave me, and exactly what they said about timelines. This was incredibly helpful because I had to follow up a few weeks later and could reference our previous conversation. Also, if you're having trouble getting an appointment at your main local office, try calling some of the smaller SSA offices in nearby towns - sometimes they have better availability and can handle the same paperwork. The drive might be worth it to avoid the endless phone hold times. Best of luck getting this resolved!

I'm a retired Social Security claims specialist, and I wanted to add some additional context that might help with your situation. You're absolutely right to be confused by the SSA website - these remarriage and divorce scenarios are some of the most complex benefit situations. Since you were under 60 when you remarried (you mentioned you were 58), your survivor benefits correctly stopped when you married in 2020. The good news is that once your divorce is final next month, you become immediately eligible to reclaim those survivor benefits with no waiting period whatsoever. Here are a few additional points to keep in mind: 1. **Benefit restart date**: Your benefits will typically begin the month after you file your application, so don't delay once you have your divorce decree. 2. **Required documentation**: In addition to your divorce decree, make sure you have your first husband's death certificate, both marriage certificates, your Social Security card, and photo ID. 3. **Benefit amount**: Your reinstated benefit will be the same amount you were receiving before your remarriage, without any cost-of-living adjustments that occurred during your marriage years 2020-2025. However, future COLAs will apply once benefits restart. 4. **Filing strategy**: Since you're 61 now, this is also a good time to ask SSA to run projections comparing your survivor benefit to your own retirement benefit at different claiming ages. This can help with long-term planning. The process should be straightforward once you have all your documentation ready. Best of luck with finalizing your divorce and getting your benefits reinstated!

I'm so glad to see this community providing such helpful and detailed guidance! As someone who recently went through a similar transition with Social Security benefits, I wanted to add one more practical tip that really helped me. When you do get your appointment scheduled with SSA, consider bringing a trusted friend or family member with you if possible. These meetings can be emotionally overwhelming, especially when you're dealing with the stress of divorce proceedings at the same time. Having someone there to take notes and help you remember questions can be really valuable. Also, don't be discouraged if your local SSA office seems busy or understaffed. In my experience, the representatives are generally very knowledgeable about survivor benefit situations once you get to speak with them - it's just getting that initial appointment and having all your paperwork in order that can be the challenging part. Wishing you the best as you navigate this final step. It sounds like you'll be in a much better financial position once these benefits are reinstated, and that's something to look forward to after what must have been a very difficult few years.

I'm so sorry for your loss and the additional stress of dealing with the SSA bureaucracy during such a difficult time. As someone who has navigated similar issues with government benefits, I wanted to add a few practical tips for your upcoming appointment: First, consider recording the call (if legal in your state) or at least take detailed notes with timestamps. This can be crucial if you need to reference what was discussed later. Second, if the representative seems unfamiliar with the Fairness Act changes, you can reference Publication No. 05-10045 (the updated WEP/GPO fact sheet) and ask them to consult their Program Operations Manual System (POMS) for the most current guidance. Third, regarding the child-in-care benefits - these are paid at 75% of your husband's PIA and are NOT subject to GPO at all. So even before the Fairness Act, you should have been eligible for these benefits while caring for your 13-year-old. The fact that they denied this previously suggests the representative was misinformed. Finally, if you encounter resistance or confusion during your call, don't hesitate to end the call politely and try again with a different representative. Sometimes it takes a few tries to get someone who fully understands the current rules. You've got this! The Fairness Act was designed to help people in exactly your situation.

As a newcomer to this community, I want to thank everyone for sharing such detailed and helpful information about the WEP/GPO Fairness Act. I'm actually in a somewhat similar situation - my spouse passed away last year and I have a state teacher's pension, though I don't have minor children involved. Reading through this thread has been incredibly educational. I had no idea about the 3-year phase-in period for GPO relief, and like many others, I've been getting conflicting information from SSA representatives. The suggestion about asking for a Technical Expert or supervisor is brilliant - I wish I had known that during my initial calls. @Haley Stokes - I really hope your appointment goes well! Your situation with the incorrectly processed application sounds so frustrating. The advice about documenting everything and getting written confirmation seems crucial given how much confusion there seems to be about implementing these new rules. One question for the group: Has anyone successfully received retroactive benefits dating back further than 6 months by proving they had attempted to apply earlier? I'm wondering if there's any precedent for this, especially in cases where the initial application was mishandled due to representative error.

I'm so sorry you're going through this difficult situation with your husband's care. As someone who works in eldercare benefits counseling, I want to emphasize what others have said about Medicaid spousal protections being separate from Social Security rules. You're absolutely right that you won't qualify for additional SS spousal benefits since your $1,740 exceeds 50% of his $2,450 benefit. However, Ohio has strong spousal impoverishment protections that could help significantly. With your mortgage at $1,850/month, you'll likely qualify for the excess shelter allowance above the standard MMMNA. In Ohio, I've seen community spouses with similar housing costs able to retain $500-800 monthly from their spouse's Social Security. One critical tip: when you apply for Medicaid, request the "MM-1" form specifically - this is Ohio's spousal impoverishment calculation worksheet. Many intake workers don't automatically provide it, but it's essential for documenting your shelter costs and getting the maximum allowance. Also, Ohio allows "spousal income first" policies in some counties, which can be more favorable than the standard calculation. Ask your elder law attorney about this option. You're taking all the right steps - this process is complex but the protections are real and can make a substantial difference in your financial stability.

I'm so sorry you're going through this incredibly stressful situation. As someone who recently helped my elderly neighbor navigate a similar process when her husband needed memory care, I want to echo what everyone has said about the importance of understanding that Social Security rules and Medicaid spousal impoverishment protections are completely different systems. While you're right that you won't get additional SS spousal benefits (since your $1,740 is already more than 50% of his $2,450), the Medicaid protections could be a real lifeline for you. With your mortgage being $1,850/month, you're likely looking at qualifying for significant shelter allowances that could allow you to keep a substantial portion of your husband's Social Security. One thing I learned that hasn't been mentioned yet is to ask about whether Ohio has "name on the check" policies - in some states, if both spouses' names are on the Social Security direct deposit, it can affect how quickly benefits get redirected to the facility. Also, make sure to ask the nursing home's business office about their "bed hold" policies if your husband ever needs to be hospitalized - understanding these rules upfront can save you from unexpected financial surprises later. You're asking all the right questions and taking the right steps. This community has provided such incredible guidance, and I know you're going to get through this with the financial protections you deserve.