Thank you all for your helpful responses! I think I understand my options better now. Since my husband's benefit is so much higher than mine would be, it seems like a good strategy might be to: 1. Take my own reduced benefit at 62 2. If my husband passes away before I reach my FRA, evaluate whether to: - Switch immediately to a reduced survivor benefit (if it's higher than my reduced retirement) - Continue with my own benefit until my FRA, then switch to the full survivor benefit I'm going to try using that Claimyr service to actually speak with SSA to confirm this strategy for my specific situation before I make any decisions. It's frustrating how complicated they make all of this!

As someone who just went through this exact situation, I wanted to share what I learned. My husband was 8 years older and had already been collecting for 5 years when I turned 62. I was so confused about all the rules! Here's what SSA confirmed for me: your early retirement claim does NOT reduce your future survivor benefits. They're calculated completely separately. So you can absolutely take your reduced benefit at 62 and then later switch to his full survivor benefit when you reach your FRA. The key thing to remember is timing - if you become widowed before your FRA, you can choose to take reduced survivor benefits immediately OR wait until your FRA for the full amount. Since his benefit is so much higher than yours ($2,800 vs $1,100), waiting for the full survivor benefit would probably be worth it financially. I'd also suggest asking SSA about "restricted application" strategies since there might be spousal benefit options while he's still living that could be better than your own reduced retirement benefit. Good luck navigating this - it's definitely not simple!

When I was helping my mom with this same situation last year, we had to verify several things with Social Security directly. One thing no one's mentioned yet is that your established onset date (EOD) for disability can affect your Medicare eligibility date. If you're applying for disability, you'll want to start gathering all of your medical records NOW - especially anything that documents when your condition began preventing you from working. Also, while you can definitely apply for both benefits simultaneously, there's a 5-month waiting period for disability benefits from your established onset date. This is another reason many people take retirement first - so they have income during this mandatory waiting period.

I went through this exact situation 3 years ago at age 62 with a back injury that ended my career. The stress of not knowing what to do financially was almost worse than the physical pain! Here's what I learned: YES, you can and should apply for both. I filed for early retirement first (got approved in about 3 weeks) which gave me immediate income relief. Then I filed for SSDI about a month later once I had gathered all my medical records. The key things that helped me: - Keep detailed logs of your daily limitations (what you can't do, pain levels, mobility issues) - Get your doctors to specifically document that you cannot perform your previous job duties - File online if possible - it's faster than mail and you get confirmation receipts My SSDI was approved 8 months later and they automatically adjusted everything. I now get the full disability amount with no early retirement reduction, plus I received several months of back pay to make up the difference. Don't let anyone scare you about being "locked in" to reduced payments - that's not how it works when disability onset occurs before retirement filing. The system actually protects people in situations like yours. Get that retirement application in NOW for immediate relief, then focus on building your disability case.

One important detail I forgot to mention: if you apply for the divorced spouse benefit, make sure you specify you're applying for the "divorced spouse benefit" and not trying to file on your own record again. Sometimes the intake people get confused when you're already receiving SSDI and try to tell you that you've already filed. Be specific that you're filing for the additional benefit based on your ex-spouse's record.

Just wanted to add something that might help with your decision - you can actually request a benefit estimate from SSA before formally applying. This way you'll know exactly what you'd be eligible for on your ex-husband's record versus your current SSDI amount. I did this when I was considering spousal benefits and it saved me from going through the whole application process only to find out I wouldn't get any additional money. The estimate request is much faster than a full application and will give you the concrete numbers you need to decide if it's worth pursuing.

I'm so sorry for your brother-in-law's loss. Losing a spouse is devastating, and dealing with financial stress on top of grief is incredibly difficult. Just to add one more perspective to the excellent advice already given - your brother-in-law might want to consider meeting with a fee-only financial planner who specializes in Social Security claiming strategies. Given the complexity of his situation (the earnings test, potential permanent reduction from early filing, comparing survivor benefits to his own future retirement benefit), having a professional run the numbers could be worth the consultation fee. Also, regarding those medical bills - he should look into whether any qualify for charity care or payment plans through the hospital's financial assistance programs. Many people don't realize hospitals are required to offer these programs, and they can significantly reduce the burden while he figures out the best Social Security strategy. The community here has given him a solid roadmap, but professional guidance could help him make the most informed decision for his specific circumstances.

I'm really sorry for your family's loss. This is such a difficult time to have to navigate these complex decisions. One thing I want to emphasize that others have touched on - the earnings test isn't necessarily a complete loss. Any benefits that get withheld due to the earnings test before Full Retirement Age will result in a recalculation at FRA that increases his monthly benefit going forward. So while he won't receive those payments now, it's not like that money completely disappears. Also, given that he's 61 and his FRA is likely 67, that's 6 years of potential survivor benefits he'd be giving up by waiting. Even with the earnings test reducing payments significantly, there might still be some monthly amount he'd receive. Sometimes getting even a reduced benefit can help with cash flow during a crisis. My suggestion would be to have him contact SSA (or use that Claimyr service someone mentioned to actually get through) to get the exact numbers for his situation. They can tell him: - What his monthly survivor benefit would be at 61 vs 67 - Exactly how much would be withheld due to his current earnings - How his own retirement benefit at 70 compares to the survivor benefit With those concrete numbers, he can make an informed decision about whether the reduced amount he'd actually receive now is worth it for his financial situation, or if waiting makes more sense long-term.

I'm so sorry you're going through this - what a devastating discovery to make so close to retirement. Your situation sounds incredibly complex, but don't give up hope yet. One thing I haven't seen mentioned is contacting your state's Department of Revenue or Secretary of State office. They often maintain business registration records that could show you as a partner or officer during those missing years. Even if you weren't listed as an employee, being documented as having an ownership stake could support your case. Also, consider reaching out to your former business customers, suppliers, or vendors who might have records showing you handled transactions or correspondence. Sometimes third-party documentation can be surprisingly helpful in establishing your role. The fact that you have his earnings history from the divorce proceedings is actually significant - it might show inconsistencies in how the business income was reported versus how you were (or weren't) credited. An experienced Social Security disability attorney might be more helpful than a general attorney for this type of earnings record dispute. Most importantly, document everything about your upcoming SSA call - names, dates, case numbers, what was discussed. If the first representative can't help, ask to speak to a supervisor or request that your case be escalated to someone who specializes in complex earnings corrections. You've worked for 30 years - you deserve to have those earnings counted toward your retirement security.

I'm heartbroken reading your story - this is such an unconscionable betrayal by someone who was supposed to protect your interests. The fact that you discovered this so close to retirement makes it even more devastating. One thing that might help your case is requesting your complete SSA file through a Freedom of Information Act (FOIA) request. Sometimes there are internal notes or correspondence that could shed light on when/how your earnings record was modified. You can file this online at ssa.gov. Also, have you considered checking with your local Small Business Administration (SBA) office? If your family business ever applied for any SBA loans or programs, those applications often require detailed information about all business owners and key employees. The SBA keeps extensive records that could help establish your role in the company. Another avenue: if you filed any business tax returns jointly (Form 1065 partnerships or 1120S S-corp returns), the IRS should have copies going back many years. These returns often show profit/loss distributions to partners or shareholders, which could help prove your ownership stake even if payroll records are missing. The "fraud or manifest injustice" exception that others mentioned is real - the key is building a compelling case with whatever documentation you can gather. Your ex's deliberate removal of you from payroll without your knowledge during a marriage could absolutely qualify as fraud. Don't let anyone tell you this is hopeless. Thirty years of work deserves to be recognized in your Social Security record.