Social Security Administration

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Based on everything discussed here, it sounds like you've done an excellent job protecting yourself financially. I went through a similar situation with my ex-husband's tax issues before our divorce. The key points that have been mentioned are spot-on: 1. Your Social Security benefits are calculated solely on YOUR earnings record - filing separately doesn't change that amount 2. Your benefits are protected from his tax liabilities as long as you maintain separate filing status 3. If he qualifies for spousal benefits on your record, it doesn't reduce your amount - it's additional money for him One thing I'd add: consider getting a written statement from SSA about your projected benefits before you file. You can create a my Social Security account online to see your estimated benefits at different claiming ages. This will help you confirm your $2,800 estimate and plan accordingly. Also, don't let anyone pressure you to file jointly "for tax savings" - the protection you've built by keeping everything separate is worth far more than any potential tax savings, especially given his history of tax problems. You've been smart about this!

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This is really comprehensive advice, thank you! I actually do have a my Social Security account and have been tracking my estimated benefits for the past few years. The $2,800 figure is based on claiming at 64, so I know it will be reduced from my full retirement age amount. But you're absolutely right about not letting anyone pressure me into filing jointly - I've had family members suggest it would save us money, but the peace of mind from keeping everything separate is invaluable. After 42 years of marriage and dealing with his financial irresponsibility, I'm not about to risk my retirement security now!

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You've received excellent advice here! I'm a financial planner who works with many clients in similar situations. Just to summarize the key protections you have in place: 1. Filing separately keeps you protected from joint tax liability for his unfiled returns 2. Keeping assets solely in your name prevents them from being seized for his tax debts 3. Your Social Security benefits are calculated only on your work record - his tax status has no impact on your benefit amount 4. Even if the IRS eventually pursues him, they can only garnish up to 15% of HIS benefits, not yours One additional tip: when you apply for benefits in January, you might want to specify that you want direct deposit into an account that's solely in your name (which it sounds like you already have set up). This adds another layer of protection. You've been incredibly smart about protecting yourself financially. Many people don't take these precautions and end up paying the price for their spouse's poor financial decisions. Stick with your plan - filing separately and keeping everything separate has served you well and will continue to protect you in retirement.

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Thank you all for your helpful responses! I didn't realize this was so complicated. I'm going to try to reach the SSA to get the exact calculation based on our specific situation. It sounds like I might get a small increase but probably not as much as I was hoping for. I'll update when I find out more information!

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Good luck! And don't get discouraged if the first person you talk to seems confused. Sometimes you have to call multiple times to get someone who really understands these complicated rules. That's what happened to me.

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I went through this exact same situation two years ago! I was 65, on SSDI for 6 years, and my husband was already collecting his Social Security. The key thing to understand is that you're not really "switching" - you're applying for what's called "auxiliary benefits" on your husband's record. SSA will pay you whichever amount is higher: your SSDI or the spousal benefit. In my case, I ended up getting about $300 more per month, which has been a huge help with rising costs. The process took about 6 weeks once I finally got through to them. One tip: try calling SSA first thing in the morning right when they open - I had much better luck getting through that way. Also, have all your documents ready including your marriage certificate and both of your Social Security numbers. Good luck!

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I went through a similar situation last year and want to share a few additional tips that helped me! First, when ordering certified copies, get at least 2-3 of each document - you never know if you'll need extras for other purposes or if one gets damaged. Second, I created a simple checklist and kept copies of everything in a folder organized by marriage/relationship so I could easily find what the SSA rep was asking for. Also, if you're having trouble getting your first husband's death certificate because you're divorced, try contacting the funeral home that handled his arrangements - they sometimes keep records and can point you in the right direction for obtaining the official certificate. The whole process took me about 45 minutes once I had all my paperwork in order, so the prep work is definitely worth it!

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This is such helpful advice! I love the idea of getting multiple certified copies - I hadn't thought about potentially needing extras. The folder organization tip is brilliant too. I'm definitely going to create a checklist like you mentioned. Did you have any trouble with the funeral home route for getting records? That's a really creative suggestion I hadn't considered!

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As someone who works in retirement planning, I want to emphasize something important that hasn't been mentioned yet - timing matters significantly for your situation! Since you're eligible for both survivor benefits from your deceased ex-husband AND your own retirement benefits, you have some strategic options at FRA. You can actually file a "restricted application" to claim survivor benefits first while letting your own retirement benefit grow with delayed retirement credits until age 70 (earning 8% per year). Then at 70, you could switch to your own higher benefit if it exceeds the survivor amount. This strategy isn't available to everyone, but since you were born before 1954, you may qualify. Definitely ask the SSA rep about this when you go in - it could mean thousands of dollars in additional lifetime benefits! And yes, bring all those documents everyone mentioned - they'll need to verify your entire marital history to determine all your options.

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This is incredibly valuable information! I had no idea about the restricted application strategy or that I might be able to delay my own benefits to age 70 while collecting survivor benefits. Being born in 1957, I think I should qualify for this. When you mention it could mean thousands in additional lifetime benefits, do you have any rough idea of how much of a difference the 8% annual growth could make? I'm definitely going to ask about this option when I meet with the SSA rep - this could be a game changer for my retirement planning! Thank you for bringing this up.

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Great summary! You've got all the key points down. One additional thing to keep in mind - since you mentioned having a progressive neurological condition, if your health situation changes significantly, that could potentially affect your disability status and benefits down the road. It might be worth discussing with SSA how transitioning from SSDI to retirement benefits (which happens automatically at your FRA) could interact with any future divorced spouse benefits you might claim. Also, make sure to keep records of your marriage duration and divorce decree - you'll need those documents when you do apply. Best of luck navigating this system!

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That's a really good point about keeping documentation ready! I hadn't thought about how my progressive condition might affect things when I transition from SSDI to retirement benefits. I should probably ask about that when I call SSA for the estimate. Thanks for mentioning the marriage certificate and divorce decree - I'll make sure to have copies of those handy when the time comes to apply.

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One more thing to consider - if you're currently receiving Medicare due to your SSDI, you'll want to understand how any change in your benefit amount might affect your Medicare Part B premiums. Sometimes people don't realize that Medicare premiums can be income-adjusted (IRMAA), so if your divorced spouse benefits significantly increase your total income, you might end up paying higher Medicare premiums. It's probably worth asking SSA about this when you call for your estimate, especially since you mentioned wanting to increase your monthly income. You want to make sure the net benefit after any premium increases is still worthwhile!

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As someone who's been through this process, I want to emphasize how important it is to understand the Extended Period of Eligibility (EPE) that comes after your Trial Work Period. During the 36-month EPE, you'll get your SSDI payment back in any month you earn under the SGA limit ($1,550 in 2025). So even at $2,000/month, if you have a month where you work less due to your condition, you could still get your SSDI that month. This flexibility really helped me when I was testing my work capacity - some months I could work more, others I needed to scale back. The system isn't perfect, but these work incentives do provide more of a safety net than most people realize. Just make sure to report everything promptly and keep detailed records!

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This is really helpful information about the EPE! I didn't realize you could still get SSDI payments back in months where you earn under SGA during that 36-month period. That flexibility would definitely help ease my anxiety about returning to work. My condition has good days and bad days, so knowing I might still get support during months when I can't work as much is reassuring. Thank you for sharing your experience - it helps to hear from people who've actually navigated this process successfully!

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I'm new to this community but dealing with a similar situation. Just wanted to add that if you do decide to use Ticket to Work, make sure you understand that while it provides great protections, you need to be making "timely progress" toward your employment goals to keep those protections. The Employment Network will work with you to set reasonable milestones, but it's not automatic - you have to actively participate. Also, I've found that having a relationship with a disability employment specialist has been invaluable. They understand both the medical and vocational aspects of returning to work with a disability. Many state vocational rehabilitation agencies offer these services for free. Your story really resonates with me - the fear of losing benefits while trying to improve your situation is so real, but hearing everyone's experiences here gives me hope that it's possible to work and maintain some safety net!

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Thank you for sharing that insight about Ticket to Work and the "timely progress" requirement! I didn't know that the protections weren't automatic and that you need to actively participate with milestones. That's really important to understand upfront. I'm also intrigued by your mention of disability employment specialists through state vocational rehabilitation agencies - I had no idea those services were available for free. Do you know if they can help even before you start working, like with planning and understanding all these rules? I'm feeling more confident about taking this step, but having professional guidance would be amazing. It's so reassuring to hear from people like you who are going through the same process!

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