Social Security Administration

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Thanks for this comprehensive thread - it's really clarified the 10-year rule for me. I'm actually going through a divorce right now and my lawyer mentioned this exact issue. We're at 9 years and 4 months married, and she suggested we could delay finalizing the divorce by about 8 months to hit the 10-year mark if I wanted to preserve potential Social Security benefits. It's a tough decision because emotionally I just want the divorce over with, but financially it makes sense to wait. My ex-husband has a much higher earnings record than me, so those survivor benefits could be significant down the road. Has anyone else faced this kind of timing decision during their divorce? I know it sounds calculating, but when you're looking at potentially losing thousands in future benefits over a few months, it's hard to ignore the financial impact.

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I completely understand your dilemma! It's not calculating at all - you're making a smart financial decision that could significantly impact your future security. Eight months might feel like an eternity when you're ready to move on, but those potential survivor benefits could be worth tens of thousands of dollars over your lifetime. I've seen several people in similar situations, and most who were close to the 10-year mark chose to wait. The emotional cost of a few more months is usually worth the long-term financial protection. You could use this time to finalize other aspects of your divorce settlement or just focus on your own healing process. Have you calculated what the potential benefits might be worth based on his earnings record? That might help you decide if the wait is worth it. Either way, it's great that your lawyer brought this up - many people don't learn about this rule until it's too late.

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As someone who works in family law, I can confirm that the 10-year marriage duration requirement is indeed strictly enforced by SSA. I've seen many clients over the years who were just months or even weeks short of the 10-year mark, and unfortunately none were able to qualify for divorced spouse benefits. One thing I always tell clients going through divorce is to consider this rule early in the process if they're anywhere close to the 10-year mark. While it might seem awkward to delay a divorce for financial reasons, the potential lifetime value of those benefits can be substantial - especially if there's a significant difference in earnings records. For those already divorced and short of 10 years, remember that you may still be eligible for benefits based on your own work record, and if you remarry, you might potentially qualify through a future spouse's record (assuming that marriage lasts 10+ years). The system may seem inflexible, but having clear rules does prevent a lot of subjective determinations and potential disputes. It's just unfortunate when people fall just short of the requirement.

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Thank you for sharing your professional perspective on this! It's really helpful to hear from someone in family law who has seen this situation play out multiple times. I'm curious - in your experience, what percentage of clients who are close to the 10-year mark actually choose to delay their divorce to preserve these benefits? And do you find that most people are aware of this rule when they start the divorce process, or is it usually something they learn about later? I imagine it must be frustrating for both attorneys and clients when this comes up as a surprise near the end of proceedings.

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I'm going through this exact same process right now! Filed in January for a June 1st retirement date and still waiting to hear my actual benefit amount. It's so nerve-wracking trying to plan my post-retirement budget without knowing this crucial piece of information. What I've learned from talking to others is that the mySocialSecurity estimate is often conservative, especially if you've had higher earnings in recent years. The system seems to lag behind on including your most current income data. I'm trying to stay optimistic that the actual amount will be higher than the online estimate, but like you, I really wish they could give us more certainty earlier in the process. Has anyone found it helpful to visit a local SSA office in person rather than just calling? I'm wondering if face-to-face might get better information about timing.

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I've been wondering the same thing about visiting in person! From what I've read online, some people have had luck getting more detailed information at local offices, but it seems to depend a lot on which representative you speak with and how busy the office is. Some folks say the in-person reps have access to more detailed system information than the phone representatives. The downside is that many local offices now require appointments for retirement benefit questions, and those can be weeks out. But if you can get an appointment, it might be worth it for the peace of mind. At minimum, they should be able to pull up your file and give you a better sense of where things stand in the processing timeline. I'm also June 1st retirement, so we're in this together! Fingers crossed we both get pleasant surprises when the official numbers come through.

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I'm in a very similar situation - filed in February for a July 1st start date and the uncertainty is driving me crazy! What's particularly frustrating is that I've been meticulous about tracking my earnings over the years, but the online estimate seems way too low given my recent salary increases. One thing I discovered that might help - if you have access to your annual Social Security statements from previous years, you can sometimes spot patterns in how they calculate estimates vs. reality. My financial planner suggested keeping those old statements because they show the progression of benefit estimates over time. Also, for what it's worth, my sister went through this last year and said the waiting was the worst part. Once she got her official letter, everything moved smoothly and her first payment was exactly on time. The amount ended up being about $180 higher than her online estimate, largely because her final two years of earnings weren't fully reflected in the system. Hang in there - we're all navigating this frustrating process together!

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That's a really smart tip about keeping the old Social Security statements to track patterns! I never thought to compare them over time. It makes sense that the recent salary increases wouldn't be fully captured yet in their system calculations. Your sister's experience gives me hope - $180 higher than the estimate would be a wonderful surprise! I'm trying to stay patient, but it's tough when you're trying to make major financial decisions. Thanks for sharing that perspective and reminding us we're not alone in this process. July 1st isn't far behind my May start date, so hopefully we'll both have our answers soon!

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This is such valuable information for those of us navigating work after FRA! I'm 68 and have been working part-time since starting my benefits. One thing I'd add is that you can also create an account at ssa.gov to track your earnings record and see how your benefits are calculated. It's really helpful to understand which years might get replaced by your current earnings. The portal shows your complete earnings history and you can estimate potential increases. Also, don't forget that you'll still pay Social Security taxes on your current earnings even though you're collecting benefits - but as everyone mentioned, those contributions can increase your future payments through the automatic recalculation. Keep working if you enjoy it and can handle it - the financial and health benefits are worth it!

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That's a great point about using the ssa.gov portal to track your earnings history! I hadn't thought about logging in to see which years might get replaced. It would be really helpful to get a better sense of what kind of increase to expect. I appreciate the reminder about still paying Social Security taxes too - I guess I never really thought about the fact that we're essentially "investing" those tax payments into higher future benefits through AERO. Thanks for the practical advice about checking the online portal!

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This is such a helpful discussion! I'm 65 and planning to start benefits at my FRA next year while continuing to work. One question I haven't seen addressed - does the type of work matter for the AERO calculation? I'm considering switching from full-time W-2 employment to consulting work (1099). Would both types of earnings be treated the same way in the automatic recalculation, or are there any differences in how Social Security processes W-2 vs 1099 income for benefit adjustments? I want to make sure I understand this before making the transition. Thanks to everyone sharing their experiences - this gives me much more confidence about my retirement planning!

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Great question about W-2 vs 1099 income! Both types of earnings are treated the same way for Social Security benefit calculations and the AERO process, as long as you're paying Social Security taxes on them. With 1099 consulting work, you'll pay self-employment tax (which includes Social Security and Medicare taxes), and those earnings will be included in your earnings record just like W-2 wages. The key is that the income needs to be subject to Social Security taxation - so as long as you're paying those taxes on your consulting income, it will count toward potential benefit increases through the automatic recalculation. The SSA doesn't distinguish between employee wages and self-employment income when calculating your highest 35 years of earnings. Just make sure you're properly reporting and paying taxes on your consulting income!

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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.

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Thank you for the reassurance and confirming my best path forward. I'll make sure to submit both forms together as you suggested. I feel so much better about this now!

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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!

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This is excellent advice about scheduling an in-person appointment! I hadn't thought about doing both forms in person on the same day - that would definitely eliminate my worry about having a gap in benefits. Do you know if all SSA offices can handle this type of complex filing, or should I specifically ask for someone experienced with survivor benefit switches when I call to schedule?

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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!

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Thank you so much for this incredibly detailed and professional explanation! Having input from a retired SSA claims specialist is invaluable. I feel much more confident about the process now. Your point about the benefit restart date being the month after I file really emphasizes how important timing is - I'll definitely apply immediately once my divorce decree is in hand. The clarification about COLAs is helpful too - I understand I won't get the adjustments from 2020-2025, but at least future increases will apply. I'm also grateful for your suggestion about asking for projections comparing survivor benefits to my own retirement benefit. Given that I'm 61, having that long-term strategic view could really impact my financial planning. Thank you for taking the time to share your expertise with our community!

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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.

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This is such thoughtful advice about bringing someone to the appointment! I hadn't considered how emotionally draining it might be to handle all this paperwork and discussion while still dealing with divorce stress. Having a second set of ears to catch important details I might miss sounds really smart. I'm fortunate to have a sister who's offered to help me through this process, so I'll definitely ask if she can come with me to the SSA appointment. Thank you for thinking about the human side of these bureaucratic processes - it's easy to get so focused on the paperwork that you forget how overwhelming it can all feel. Your encouragement about the light at the end of the tunnel is really appreciated too!

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