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I went through this exact situation with my sister about 18 months ago. She was widowed at 55, remarried at 57, then divorced at 60. The good news is that once your divorce is final, you can immediately reapply for your survivor benefits - no waiting period at all. One thing that really helped my sister was creating a timeline document before her SSA appointment. She listed all the key dates: first marriage date, first husband's death date, when survivor benefits started, remarriage date, when benefits stopped, separation date, and divorce finalization date. The SSA representative said it made the process much smoother. Also, be aware that you might need to provide proof that your second marriage has legally ended - not just separated. My sister's divorce took longer than expected to be officially recorded in the court system, which delayed her application by a few weeks. The reinstatement process took about 6 weeks for her, and she received her first payment about 2 months after applying. Just make sure to apply as soon as you have that divorce decree in hand - every month matters since they typically don't provide retroactive payments to the divorce date, only from when you apply. Hang in there - you're almost through this complicated process!
Thank you so much for sharing your sister's experience and the timeline document tip - that's brilliant! I'm definitely going to create one of those before my appointment. It's reassuring to hear that her process went relatively smoothly with proper preparation. I'll make sure I have the official divorce decree fully recorded before applying, not just the initial paperwork. Your timeline of 6-8 weeks for the whole process helps me plan financially too. I really appreciate everyone in this community sharing their real experiences - it's making what seemed like an impossible situation feel much more manageable!
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!
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!
Since you mentioned you're in good health and longevity runs in your family, have you considered the tax implications of your decision? If you claim now while working, more of your SS benefits might be taxable. If you wait until 70, you'll have a higher benefit, but potentially more of it subject to taxation depending on your other income sources in retirement.
That's another aspect I hadn't fully considered. I'll need to look at our overall tax situation in retirement. We'll have my husband's SS, my state pension, some 401k withdrawals, and then eventually my Social Security. I should probably consult with a tax professional to model different scenarios. Thanks for bringing this up!
I've been following this discussion and wanted to add my perspective as someone who went through a similar decision process. The key factors that helped me decide were: 1) Getting the actual WEP calculation from SSA (not estimates), 2) Understanding that the 8% delayed retirement credits apply AFTER the WEP reduction, making them even more valuable, and 3) Realizing that working those extra years could potentially move me up the WEP reduction scale. Given your excellent health and family longevity, plus the fact that you're planning to work anyway, waiting until 70 seems like the mathematically sound choice. The break-even analysis becomes even more favorable when you factor in the potential WEP reduction from additional substantial earnings years. Just make sure to get those exact calculations from SSA before making your final decision!
All this is so confusing my head hurts tryin to figure out all these rules... no wonder people hire those retirement planners. My neighbor said she paid $3000 for someone to figure all this out for her!!!
I just went through this exact situation with my mom last year! The key thing everyone's saying is correct - the spousal benefit is based on YOUR full PIA ($2,850), not what you're actually receiving. So she'd get her own $1,200 plus a $225 spousal "top-up" for $1,425 total. One thing I'd add is to definitely apply online if possible - it's much faster than trying to call. And make sure when she applies that she specifically mentions she's married and wants to be considered for spousal benefits too. The system should automatically calculate it, but it's better to be explicit. Also, don't stress too much about the timing - as long as she applies within a few months of her FRA, any back payments will be calculated correctly. The hardest part is just understanding how it all works, which sounds like you've got figured out now!
This is really helpful, thank you! I'm feeling much more confident about the process now. The online application tip is great - I was dreading having to call and wait on hold for hours. Quick question though - when you say "within a few months of her FRA," does that mean she can apply a few months before turning 67, or does she need to wait until after her birthday? I want to make sure we don't miss any timing windows that might affect her benefits.
She can actually apply up to 4 months before her 67th birthday! The SSA allows you to apply in advance so your benefits start the month you reach FRA. So if she turns 67 in say June 2025, she could apply as early as February 2025 and her benefits would automatically start in June. This is actually the recommended approach since it gives them time to process everything and ensures there are no delays in getting her first payment. Just make sure when she applies online that she selects the correct month she wants benefits to begin (her FRA month, not the month she's applying).
I don't think I can pay back everything! Ugh, I should have researched more before filing. I just assumed taking it at 62 was best because I needed the money then. Nobody told me about all these exceptions and special rules!
This is such valuable information! As someone new to navigating Social Security, I had no idea about the RIB/LIM rule. It's incredible that you were able to increase your monthly benefit by $1,250 just by knowing to ask about this specific provision. I'm wondering - for those of us who might face similar situations in the future, are there any resources you'd recommend for learning about these lesser-known rules? It sounds like even the SSA agents aren't always familiar with them, so it seems like we need to educate ourselves to be effective advocates. Also, congratulations on your successful claim! It must be such a relief to have that financial security, especially during what I'm sure is already a difficult time dealing with your loss.
Great question about resources! From what I've learned lurking here and from my own research, a few suggestions: The SSA's Program Operations Manual System (POMS) is publicly available online and contains the actual rules agents use - it's dense but searchable. The National Academy of Social Insurance has some good publications too. Also, this community has been invaluable - people share real experiences with these complex situations that you won't find in official guides. I'd also suggest keeping notes about your work history, marriage dates, and benefit estimates in one place so you're prepared when life changes happen. It's unfortunate we have to become our own experts, but stories like @06f533382889's show it can literally pay off in thousands of dollars!
Harper Hill
Oh meant to say, when your husband files at FRA, make sure he specifically mentions the kids' eligibility. Sometimes the claims specialists forget to ask about eligible children, then you have to start the whole process over again. Ask me how I know lol
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Lucas Adams
•Isn't that just TYPICAL of the SSA? They should have a system that catches these things! My cousin had to fight for 4 MONTHS to get retroactive payments because someone forgot to check a box. The whole system is broken!!
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AstroAdventurer
Just wanted to add from personal experience - when you go to apply for the children's benefits, bring extra copies of all your documents! I made the mistake of only bringing one copy of each and they needed to keep copies for their files. Also, if you can, try to schedule your appointment for first thing in the morning - the wait times are usually shorter then. And don't forget that the benefits will be backdated to when your husband first becomes eligible (his FRA), so there might be a nice lump sum payment when everything gets processed. Good luck with everything!
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Miguel Ortiz
•This is really great practical advice! I never would have thought about bringing extra copies - that's the kind of tip that saves you a trip back to the office. And wow, I didn't realize the benefits could be backdated to his FRA date. That could be a significant amount given that our girls are 14 and will have several years of eligibility left. Do you remember roughly how long the processing took once you submitted everything? I'm hoping we can get this sorted out relatively quickly after he files in July.
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Nora Brooks
•Great question about processing times! In my experience, it took about 6-8 weeks from when I submitted the children's applications until we received the first payments. The retroactive lump sum came with that first payment, which was really helpful. One thing to keep in mind - make sure you have the kids' bank accounts set up for direct deposit beforehand, or they'll send paper checks which can delay things even more. Also, the SSA will send you letters confirming the benefit amounts for each child, so keep those for your records. With your girls being 14, you're looking at potentially 4+ years of benefits each, which really does add up for college savings!
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