Update for 2025: Just to add some important context, the WEP and GPO rules haven't changed in the recent legislation. The question "are you collecting a pension based on your own employment?" specifically refers to YOUR employment where YOU didn't pay Social Security taxes. The key phrases are "your own employment" and work where "Social Security taxes were not taken out of your pay." Since your situation involves your ex-spouse's employment, not yours, you should answer "No" to this question.

I went through this exact same situation last year! I was so worried about answering that question wrong on my application. I receive part of my ex-husband's teacher retirement pension through our divorce settlement, and I was terrified it would mess up my own Social Security benefits. After reading through all the paperwork carefully and talking to a SSA representative, I confirmed that since it was HIS employment where he didn't pay into Social Security (not mine), it doesn't affect my benefits at all. I answered "No" to that question and had zero issues. The key thing to remember is they're asking about YOUR work history, not pensions you receive from someone else's work. Good luck with your application!

Based on the numbers you've shared in your comments, if your SSDI is $1,850 and 50% of your ex's potential benefit would be around $1,600, you wouldn't receive any additional amount through divorced spouse benefits. Your own benefit is higher. Regarding what happens at Full Retirement Age (FRA): 1. Your SSDI automatically converts to retirement benefits at the same amount 2. There's no longer a disability designation, but the payment continues 3. The divorced spouse benefit calculation remains identical The one advantage of reaching FRA is that if you wanted to delay your own retirement benefit to earn delayed retirement credits (8% per year until age 70), you could potentially take ONLY the spousal benefit while letting your own benefit grow. However, in your case, since the spousal benefit amount is lower, this strategy wouldn't make financial sense. As another commenter mentioned, definitely verify how any changes would affect your LTD payments, as those often have offset provisions for any type of Social Security benefits.

One thing to keep in mind is that even though the math suggests you won't get additional money right now, it's still worth filing a protective application for divorced spouse benefits. Here's why: 1. Your ex-husband's actual benefit amount might be different than your estimate - could be higher 2. If your health condition worsens and affects your ability to manage paperwork later, having it on file protects your rights 3. SSA can backdate benefits up to 6 months from your application date Also, since you mentioned being 64, remember that you can file for divorced spouse benefits as early as age 62 (which you've already passed), but if you filed before your FRA, the spousal benefit would be reduced. At your current age, you're close enough to FRA that this reduction would be minimal. The application process is pretty straightforward - you'll need your divorce decree and your ex's Social Security number. Even if you don't end up getting additional money, at least you'll have official confirmation from SSA rather than estimates, and you'll be protected if circumstances change.

Thank you all for the helpful information! I'll definitely bring my W-2 when I apply and make sure to mention that my 2024 earnings might not be showing up yet. I'll also keep track of everything and follow up in a few months if I don't see an adjustment. This is all really useful advice!

One more tip - you can also check your earnings record online at ssa.gov by creating a my Social Security account if you don't already have one. This way you can monitor when your 2024 earnings actually show up in the system. I check mine every few months and it's been really helpful to see when new earnings get posted. Plus having that account set up ahead of time can make the application process smoother since you'll already have access to all your earnings history and benefit estimates.

To directly answer your widow benefits question: At your age (67, which is past Full Retirement Age), you would be entitled to 100% of your husband's PIA (Primary Insurance Amount) of $2870 if he passes away, regardless of his incarceration status at time of death. However, you should be aware of the following: 1. You don't automatically receive widow benefits - you must apply within 6 months of his passing 2. SSA will pay you the higher of either your own benefit or your husband's benefit (not both) 3. If he passes while incarcerated, bring a copy of the death certificate and his Social Security number when you apply 4. If possible, file the application in the same month as his passing to maximize benefits 5. There may be a one-time death benefit of $255 you can claim as well

I'm so sorry you're going through this difficult situation. As someone who works with Social Security cases, I want to clarify a few important points about your widow benefits question. Yes, you would be eligible for widow's benefits if your husband passes away while incarcerated. The key thing to understand is that incarceration rules apply differently to current benefits versus survivor benefits. While his imprisonment affects benefits while he's alive, it does NOT affect your eligibility for widow's benefits after his death. At age 67 (your full retirement age), you would be entitled to 100% of his benefit amount - so potentially $2870 monthly instead of your current reduced amount. This would be a significant improvement to your financial situation. A few critical things to remember: You must actively apply for widow's benefits (they're not automatic), and you should do so as soon as possible after his passing to avoid any gaps in payments. Also, SSA will pay you the higher amount between your own benefit and his - you can't receive both. I'd strongly recommend getting clarification from SSA now about exactly why your current benefits were reduced, as this will help you better understand your options. The congressional representative suggestion from Mohammad is excellent - their offices often have direct lines to SSA that can cut through the phone system delays. Stay strong - you're dealing with an incredibly challenging situation, but there are people and resources available to help you navigate this.

Just FYI - make sure he brings TWO forms of ID when he goes to apply after he gets out. My relative forgot his second ID and they made him come back which was a whole other ordeal with transportation and taking more time off work.

One thing that might help prepare for his eventual application is to start gathering the necessary documents now while you have time to track them down. You'll need certified copies of his wife's death certificate, their marriage certificate, and his birth certificate at minimum. Getting these documents can take weeks or months depending on which states/counties they were issued in, and it's much easier to do this legwork now rather than scrambling after his release when he's dealing with other reentry challenges. Some states have online ordering systems for vital records, while others require mail-in applications. Also consider getting multiple certified copies since Social Security often wants to keep the originals for their files.