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Update for everyone in this thread: SSA just published clarification on this issue last week. While in-office work is increasing for SSA employees, the official policy continues to offer claimants the choice of hearing format. However, if there are technical issues with remote hearings (poor connection, etc.), they may require in-person. The most important factor remains the ALJ's discretion, so strong medical documentation supporting your need for a telephone hearing is essential. Here's what to do: 1. Have your doctor document specific medical reasons why travel would be harmful 2. Submit this through your attorney as a formal accommodation request 3. Follow up in writing (not just verbally) 4. If denied, request reconsideration with additional medical support Most reasonable requests with proper documentation are being approved.
just curious, have u checked if ur eligible for any benefits from ur first husband based on ur marriage length? i think it was over 10 yrs so that might matter??
You're thinking of divorced spouse benefits, which do require a 10-year marriage (which the original poster would meet with the 1971-1983 marriage). However, divorced spouse benefits are different from survivor benefits. While it's true that having been married for at least 10 years would normally qualify her for divorced spouse benefits on her first husband's record, the key issue here is that survivor benefit rules are what apply after a former spouse has died. And for survivor benefits after a divorce, the remarriage timing (before or after age 60) is what determines eligibility, regardless of how long the original marriage lasted.
Thank you all so much for your helpful responses. I called my local SSA office and after waiting for hours (literally), I finally gave up. I'm going to try that Claimyr service someone mentioned above to actually talk to a representative. What I'm gathering is that I'm permanently out of luck for my first husband's survivor benefits because of remarrying before 60, which nobody ever told me about. And if my current husband passes away, I'd get the larger of either my current benefit or his survivor benefit (which isn't much since he took early retirement). This whole system feels so unfair sometimes, but at least I understand it better now. Thanks again everyone.
You're on the right track with your understanding. One additional thing to note: While it doesn't help in your current situation, for anyone else reading this thread, the SSA does provide a lot of information about these rules online. Their website has detailed sections about survivor benefits and the impact of remarriage. It's always a good idea to consult with the SSA (ideally in writing) about how major life events might affect your benefits. I hope your call with an SSA representative provides you with the clarity you need. Sometimes they can identify other potential benefits or options you might not be aware of.
my dad died when i was 16 and my mom got survivors benefits for me until i graduated high school but she never took any for herself because she was working. now shes 61 and still working but struggling with bills. can she still claim his survivors benefits even tho its been 10 years since he died?? anyone know??
Yes, your mother can still claim survivor benefits based on your father's record! There's no time limit for filing. As long as she hasn't remarried before age 60, she can claim survivor benefits as early as age 60 (though reduced), or wait until her FRA for the full amount. She should contact SSA right away to explore her options.
Thank you everyone for all this helpful information! I feel much more confident now about my options. Based on your advice, I think my best strategy is to: 1. Take my own reduced retirement benefit at 63 (next month) 2. Continue working part-time, knowing some benefits might be withheld due to the earnings test 3. Switch to the full survivor benefit when I reach my FRA at 67 4. Make sure to contact SSA a few months before my FRA to initiate the switch I'm going to try to reach SSA this week to confirm the exact amount of my husband's PIA so I can better calculate what my survivor benefit will be at FRA. I'll also ask them to run different scenarios to make sure this is truly the best approach for my situation. This has been so confusing but you've all been extremely helpful. I really appreciate it!
my mom gets ssdi and she gardens sometimes but not like everyday cuz it hurts. nobody ever said anything about it. i think ur ok
Wait, so they DON'T automatically investigate everyone?? Because I've been terrified to even go to the grocery store since I applied! I've had neighbors offer to get my mail because I'm afraid of being seen walking to the mailbox!! This whole process is so confusing and stressful!
No, SSA doesn't conduct routine surveillance. They primarily rely on medical documentation to evaluate disability claims. While they can investigate specific allegations of fraud, they don't have the resources to monitor everyday activities of all beneficiaries. Quality of life activities like getting your mail, going to medical appointments, or occasional grocery shopping won't affect your claim. The focus is on whether your medical condition prevents you from sustaining work activities on a regular basis.
Does anyone know how long these ex-spouse applications typically take to process? I'm worried that even after my March appointment it'll be months before I see any change in my benefit amount.
In my experience, once you've had your appointment and provided all the required documentation (marriage certificate, divorce decree, etc.), the processing typically takes 2-4 weeks. However, with current SSA staffing issues, I've seen it take up to 6-8 weeks for some people. The most important thing is to have all your documentation ready during the phone appointment. If they need to request additional verification, it can add significant delays. You might want to upload your documents to your my Social Security account ahead of your appointment if possible.
this whole WEP/GPO stuff makes my head spin! feels like they purposely make it complicated so we don't get all the benefits we deserve :
did u try the ssa.gov website?? way easier than callng them
Since you mentioned you're currently receiving survivor benefits and will be switching to your own higher retirement benefit, there's something important you should know. If you apply for your retirement benefit now at 62, it will be permanently reduced. However, if you're already getting survivor benefits, you might want to consider a different approach. You could keep taking the survivor benefit now and delay applying for your own retirement until later - even up to age 70 if possible. This would allow your own retirement benefit to grow with delayed retirement credits. Then you could switch to your own (now larger) benefit. This strategy often maximizes lifetime benefits in your situation. I'd strongly recommend speaking with an SSA representative about your specific scenario before making a decision, as the optimal claiming strategy can be complicated when both survivor and retirement benefits are involved.
When my sister applied last year, she got really confused about this too. She was sure she'd get more from her ex's record because he was some big shot executive. Turns out her own benefit was higher because she worked consistently for 35+ years while he had some gaps in his record. The SSA looks at your highest 35 years of earnings, so consistent work history can sometimes win out over a few high-earning years.
Thank you all for the helpful responses! I'm feeling much better now understanding that they likely did check both calculations already. I'll still call to verify (and try that Claimyr service someone mentioned since the wait times sound awful), but it makes sense that my own benefit might be higher even though my ex-husband earned more during his career. I've worked consistently for almost 40 years, so maybe that's why my own benefit ended up higher. The formula explanations really helped me understand how it all works. I'll update once I talk to SSA just in case it helps someone else with the same question!
OMG I just remembered my sister works for a disability lawyer and she said its not therapy they care about, its if you dont go to your regular doctor appointments at all. If you have zero medical records for a long time they might think ur better and working! So ur brother should at least keep seeing his main doctor even if he skips the therapy
After reading through all the comments, I want to clarify the most important points: 1. SSA's "failure to follow prescribed treatment" rule rarely applies to complementary therapies like pain management 2. This rule is most commonly applied in cases like refusing surgery that would clearly restore function, refusing medication for controllable conditions like seizures or diabetes, or refusing psychiatric treatment for severe mental illness 3. For degenerative disc disease, which is generally progressive and permanent, they're mainly checking if the condition still meets disability criteria during reviews 4. Maintaining regular medical care to document ongoing disability is much more important than doing every recommended therapy 5. If asked about declined therapy during a review, having a reasoned explanation is helpful Hope this helps put your mind at ease about your brother's situation.
I just want to add that when my statement came this year, the amounts WERE higher than last year because of the COLA. So I can confirm from personal experience that yes, they do increase while you wait!
question - does anyone know if its different if ur spouse was already getting disability before they passed? thats my situation
If your spouse was receiving SSDI (Social Security Disability Insurance) when they passed away, the survivor benefit calculation is generally the same - it's based on their primary insurance amount, and yes, COLA increases still apply while you wait to claim. The SSDI benefit essentially converts to a retirement benefit when a disabled worker reaches FRA, but for survivor benefit purposes, there's no significant difference in how COLAs are applied.
Zadie Patel
My mom gets both SSDI and SSI and they're always messing up her payments. One thing to check - did they count your SSDI as earned income instead of unearned? That happened to us once and it completely threw off the calculation. Also make sure they're using the correct federal benefit rate for a couple vs individual if you're both on benefits.
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Ruby Knight
•That's a great point I hadn't considered! I'll definitely ask if they categorized my SSDI correctly. My wife is the only one on SSI - I just transitioned from SSI to SSDI after my approval came through.
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A Man D Mortal
when did ur wife's ssi stop? sometimes there's a delay in how they process everything and they might have just suspended it temporarily while they recalculate. my benefits got suspended for 2 months then came back at a lower amount without any explanation
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Ruby Knight
•It's been about 3 weeks now. The timing lines up perfectly with when my first SSDI payment arrived. I'm hoping you're right that it might just be temporary while they figure out the new amount. The lack of communication from SSA is really frustrating.
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