Just to clarify a few points that have come up in this thread: 1. There is absolutely no waiting period after divorce to reclaim survivor benefits from a previous spouse. You can apply immediately once the divorce is final. 2. The rules are federal, not state-based. 3. You will not automatically receive back payments from the date of your divorce - benefits typically start from the month you apply, which is why applying promptly after divorce is important. 4. The COLA issue mentioned is correct - your benefit amount will be based on what you were receiving when you stopped getting benefits, without the COLAs that would have occurred during your remarriage. 5. Processing times vary, but 30-60 days is typical right now in 2025. And yes, having all documentation ready is crucial - final divorce decree, death certificate of your first husband, both marriage certificates, your ID, and Social Security card at minimum.

I'm a widow who went through a similar situation about two years ago. One thing I'd add to all the great advice here is to make sure you understand exactly which benefit will be higher - your survivor benefit or your own retirement benefit when you reach full retirement age. In my case, my financial advisor helped me realize that while my survivor benefits were higher in the short term, my own retirement benefit would actually be higher if I waited until age 70 to claim it (due to delayed retirement credits). So I'm collecting survivor benefits now and plan to switch to my own record later. Since you mentioned your first husband's benefits were "significantly higher," this might not apply to your situation, but it's worth having SSA run the numbers for you when you meet with them. They can show you projections for both scenarios. Also, don't forget that once you're collecting survivor benefits again, you'll be eligible for Medicare at 65 based on those benefits if you're not already eligible through your own work record.

did anyone else notice they raised that death benefit to $325 starting in 2025? read it somewhere last week

I'm going through something similar right now with my grandmother's estate. One thing I learned is that you should also check if your father had any direct deposit set up that might have been automatically returned to SSA when the bank account was closed after his death. Sometimes families don't realize there were additional payments that got sent back automatically. When you go to the SSA office, ask them to do a complete review of any payments made after the date you reported his death - there might be more than just that one paper check you found. Also, bring multiple copies of everything because they sometimes want to keep copies for their files.

Based on your situation, here's a calculation example to help you understand what to expect (approximate numbers): Let's say your husband's PIA (Primary Insurance Amount) would have been $2,500/month at his FRA. In 2025, the GPO offset will be reduced by 1/3, so instead of having your teacher pension fully offset your survivor benefits, only 2/3 of your pension would count against it. If your monthly teacher pension is $3,000, previously the GPO would have reduced your survivor benefit by $2,000 (2/3 of $3,000), leaving you with $500 in survivor benefits. With the first phase of reduction, the GPO offset would be approximately $1,333 (2/3 of the original offset), so you might receive around $1,167 in survivor benefits. For the child-in-care benefits, there's a separate calculation based on your husband's PIA and the family maximum, but these aren't subject to GPO. This is simplified, but hopefully helps you prepare for your appointment with realistic expectations.

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.

my neighbor told me the $255 death benefit is only for spouses not children is that true???

I was able to report my mother's death to Social Security today. They confirmed they'll be reclaiming the October payment. The agent also helped me apply for the lump sum death benefit since I paid for her funeral expenses. They said I'll receive a decision in about 30 days. Thanks to everyone for your guidance - it made this process much less confusing!

I called my wife's pension system today. Her projected pension after 24 years (when she plans to retire) will be about $3,850 monthly. So if I'm understanding correctly, the GPO reduction would be about $2,567 (2/3 of $3,850). My SS benefit at 70 would be around $3,940 vs. $2,950 if I claimed now at 64. So it looks like if I delay to 70, she would still get about $1,373 in survivor benefits after the GPO reduction. If I claim now, she'd only get about $383 after GPO. Does that math look right to everyone? Seems like delaying would still help her significantly in this case.

As a new member who's been researching this topic for my own family situation, I want to thank everyone for this incredibly detailed discussion. The math example that Camila provided really helps illustrate how these calculations work in practice. One thing I'd add for anyone reading this thread: make sure to also consider that your wife's own Social Security benefit (from her 12 years of covered employment) will likely be reduced by WEP when she starts collecting it. This is separate from the GPO impact on survivor benefits, but it's another piece of the puzzle that affects overall retirement planning. Also, I've found that many local SSA offices have staff who aren't fully versed in WEP/GPO calculations, so getting multiple opinions or using the online calculators on SSA.gov can be helpful to verify the numbers you're given. Your situation shows that even with these provisions, strategic timing decisions can still make a meaningful difference. The $990 monthly difference in survivor benefits you calculated is substantial over time.