

Ask the community...
Since your friend's husband hadn't started benefits yet, she should definitely understand the "deemed filing" rules don't apply to survivor benefits. This means she could potentially take reduced survivor benefits now at 62 and then switch to her own retirement benefit at 70 if it would be higher (or vice versa - take her reduced retirement now and switch to full survivor benefits at her full retirement age). This is one of the few remaining ways to use a "claim now, claim more later" strategy since the 2015 rule changes. The chart should help explain this, but it might be worth her consulting with a financial advisor who specializes in Social Security to run the numbers for her specific situation.
Wait WHAT?? You can still do that with survivor benefits?? I thought they eliminated ALL the switching strategies with that 2015 law! So you're saying if my husband dies (God forbid) I could take survivor benefits at 60 and then switch to my own at 70?? Why don't they make this clear on the SSA website???
Yes, that's correct. The 2015 Bipartisan Budget Act eliminated most of the "claim now, claim more later" strategies for retirement and spousal benefits, but it specifically exempted survivor benefits. This is one reason why the flowchart is so helpful - it clarifies which rules apply to which benefits. The SSA website explains this, but it's buried in technical language most people don't understand.
This thread has been incredibly helpful! I'm a widow myself (lost my husband 18 months ago) and I wish I had found that flowchart back then. I made some mistakes early on because I didn't understand all my options. Just wanted to add a few things that might help your friend: 1. She should definitely apply for the $255 death benefit if she hasn't already - it's a one-time payment but every bit helps during this difficult time. 2. If she's working, there are earnings limits that could affect her survivor benefits before her full retirement age (but NOT after FRA). 3. The Social Security office will want to see the death certificate, so make sure she has certified copies. 4. Don't let anyone pressure her into making quick decisions about when to claim - she has time to figure out the best strategy for her situation. The grief makes everything so much harder to process, so having visual aids like that flowchart really does help. Sending good thoughts to your friend during this tough time.
Thank you so much for sharing your experience and these practical tips! I'm so sorry for your loss. You're absolutely right about not rushing decisions - my friend is still in that overwhelming stage where everything feels urgent but she really does have time to make the best choice for her situation. I'll definitely make sure she knows about the earnings limits since she's still working part-time. The reminder about getting certified copies of the death certificate is really helpful too. I'll pass along all of this information to her. It's so valuable hearing from someone who has been through this process.
As someone who went through a similar earnings limit situation last year, I want to reassure you that this is more common than you think and SSA has processes in place to handle it. The key is persistence and documentation. A few practical suggestions: Try calling the SSA number at exactly 8:00 AM when they open - I found Tuesday and Wednesday mornings tend to have slightly lower call volumes. If you still can't get through, consider sending a certified letter to your local office with your SSN, explanation of the situation, and copies of your pay stubs showing the increased earnings. You mentioned setting aside benefit payments - that's actually smart. While they likely won't demand everything back at once, having some funds available gives you peace of mind. Based on your $5,800 overage, expect roughly a $241/month reduction in future benefits rather than a complete stoppage. Most importantly, the fact that you're proactively trying to report this works heavily in your favor. SSA agents appreciate when beneficiaries are upfront about changes rather than waiting for them to discover it during their annual wage matching process. Keep that documentation log you're creating - it will be invaluable if any issues arise later!
This is incredibly helpful advice, thank you! I never thought about sending a certified letter - that's actually a great backup plan. I've been so focused on trying to get through by phone that I didn't consider other ways to create a paper trail. The timing tips are really useful too. I'm definitely going to try calling right at 8 AM Tuesday morning and if that doesn't work, I'll send that certified letter with all my documentation. It's reassuring to hear from someone who actually went through this successfully!
I went through something very similar last year when my part-time work income unexpectedly increased. The anxiety is completely understandable, but try not to panic! A few things that helped me: First, I had success getting through to SSA by calling right at 8:00 AM on a Tuesday - the wait was still about 45 minutes but much better than the 2+ hours later in the day. Second, while waiting to get through, I documented everything - dates I called, screenshots of my online messages, copies of my pay stubs showing the increased earnings. When I finally spoke to an agent, they were actually very helpful and understanding. They calculated that my benefits would be reduced by about $200/month for the remainder of the year rather than stopping them completely. Since you're $5,800 over the $23,400 limit, your situation sounds very similar to mine. The agent also told me that proactive reporting (which you're doing) always works in your favor if there are any complications later. Keep trying to reach them, but know that this is a manageable situation that happens to thousands of people every year. You're doing everything right by trying to report it promptly!
I'm very sorry for your loss. Having recently helped my elderly neighbor through a similar situation when her husband passed, I understand how overwhelming this can feel when you're trying to help someone navigate these systems while they're grieving. The consensus here is correct - the November payment was for October, and since your mother-in-law lived through all of October, that money rightfully belongs to your father-in-law and should not need to be returned. However, I'd strongly recommend calling SSA at 1-800-772-1213 as soon as possible to report the death and get official confirmation about the payment status. One thing I learned from our experience: when you call, ask specifically to speak with someone about "survivor benefit options" rather than just reporting a death. This often gets you to a more knowledgeable representative who can review all potential benefits your father-in-law might be eligible for, including the $255 death benefit and potentially higher monthly survivors benefits if her benefit amount was greater than his current payment. Also, consider having your father-in-law present during the call if possible - SSA may need to verify his identity to discuss benefit details, and having him available can save you from having to make multiple calls. You're being such a caring support during an incredibly difficult time. Take it one step at a time.
This is such helpful advice, especially about asking to speak with someone about "survivor benefit options" rather than just reporting the death. That's a great tip that could save a lot of time and confusion. I'm definitely going to have my father-in-law available when we make the call - I can see how that would streamline the process and avoid having to call back multiple times. Thank you for taking the time to share what you learned from helping your neighbor. It really means a lot to have guidance from people who've actually been through this process.
I'm so sorry for your family's loss. This is such a difficult time, and it's wonderful that you're helping your father-in-law navigate these complicated systems. I work as a benefits counselor and want to reassure you - the November payment your father-in-law received is actually for October (Social Security pays one month behind), and since your mother-in-law was alive for the entire month of October, that payment is rightfully his and does not need to be returned. Here's what I recommend: 1. Call SSA immediately at 1-800-772-1213 to report the death - this is required 2. When you call, specifically ask about "survivor benefits evaluation" - your father-in-law may be eligible for higher monthly payments based on her earnings record 3. Apply for the $255 death benefit 4. Be prepared that some banks automatically return SS payments when notified of death, even when they shouldn't - if this happens, you'll need to contact SSA to have it reissued To protect against potential bank issues, you might consider temporarily moving some funds to another account before making the call to SSA, just as a precaution. The most important thing right now is getting the death reported and exploring what survivor benefits your father-in-law may be entitled to. Take care of yourselves during this difficult time.
Thank you for this professional perspective - it's really reassuring to hear from someone who works with benefits regularly. Your step-by-step recommendations are exactly what we needed. I especially appreciate the tip about asking for a "survivor benefits evaluation" rather than just general information. That seems like it could make a big difference in getting comprehensive help. The precaution about moving funds temporarily is smart too - better to be safe than sorry if the bank does auto-return the payment. We'll follow your advice and make that call to SSA first thing tomorrow morning.
Update: I went to my local SSA office today with the SSA-561 form and all my documentation. The claims representative actually reviewed everything while I was there and found that SSA had incorrectly recorded my work start date! They had me starting 3 months earlier than I actually did, which is why they thought I had used up all my Trial Work Period months. She's submitting a correction along with my formal appeal. I'm cautiously optimistic but still nervous about the outcome. Thanks everyone for your help and advice!
That's fantastic news! Getting an SSA rep to acknowledge an error on the spot is rare and promising. Make sure you get something in writing confirming what the rep found and what actions they're taking. Follow up in about 2-3 weeks if you don't hear anything. The squeaky wheel gets the grease with SSA!
That's amazing that you caught their error! I'm so glad you went in person instead of trying to handle this over the phone. A 3-month discrepancy in work start date would definitely mess up the Trial Work Period calculation. Fingers crossed this gets resolved quickly for you. Please keep us updated on how it turns out - your experience could really help others facing similar situations!
This is such great news! It's a perfect example of why appealing these overpayment notices is so important - SSA makes administrative errors more often than people realize. The fact that they had your work start date wrong by 3 months shows how crucial it is to have your own documentation and records. For anyone else reading this thread, Ava's experience highlights a key point: always bring copies of EVERYTHING when you visit the SSA office - employment letters, pay stubs, any correspondence you've had with SSA, etc. Sometimes having a human being look at your actual documents can catch errors that got lost in their computer system. I hope this gets resolved quickly for you! And thank you for sharing the update - it gives hope to others dealing with similar situations.
Ava Rodriguez
Perfect, thanks again! I feel much better understanding how this works now. I appreciate everyone taking time to explain.
0 coins
Freya Pedersen
One thing that might help your ex-wife plan ahead is knowing that she can get an estimate of her potential benefits through her my Social Security account on ssa.gov. The system will show her both her own retirement benefit estimate and what she could potentially receive as a divorced spouse benefit based on your record (once you're eligible). This can help her make an informed decision about when to claim. Also, if she does remarry in the future, she would lose the ability to claim on your record, but she could then potentially claim on her new spouse's record instead if that marriage lasts at least 10 years.
0 coins
Ethan Campbell
•That's really helpful information about the online account! I didn't know she could see estimates for both types of benefits. Quick question though - you mentioned she'd lose the divorced spouse benefit if she remarries, but could claim on a new spouse's record after 10 years. What happens during those first 10 years of a new marriage if her own benefit is still low? Would she just be stuck with only her own smaller benefit during that time?
0 coins