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Can my ex-wife claim Social Security benefits on my record if we were married 20+ years?

I'm trying to figure out the whole ex-spouse Social Security situation and getting confused by all the rules. I'm 63 now and thinking about claiming SS benefits next year. My ex and I were married for almost 22 years before we divorced in 2019. I remarried shortly after, but she's still single. She didn't work much during our marriage (stayed home with kids) so her earnings record is pretty spotty. I'm wondering what she might be entitled to from my Social Security when she reaches retirement age? Can she claim on my record even though we're divorced? Does my current marriage affect what she can get? Also, does her claiming on my record reduce my own benefits or my current wife's benefits at all? This whole system is making my head spin...

Perfect, thanks again! I feel much better understanding how this works now. I appreciate everyone taking time to explain.

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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.

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Need that blue SS flowchart showing spousal/survivor benefit options - friend has questions

Hi everyone! A few months back someone posted an incredibly helpful blue flowchart that laid out all the options for spousal and survivor benefits with Social Security. I'm kicking myself for not saving it when I saw it because it didn't apply to my situation at the time. Now my friend (she's not on any social media) has questions about her options after her husband passed away last month, and I remember that chart being super clear about the different pathways. I think it showed things like age requirements, benefit percentages, and when you can claim what. If anyone has that blue flowchart saved and could share it in the comments, I'd be so grateful! Thanks in advance!

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.

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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???

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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.

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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.

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Social Security benefits after death - Do we need to return November payment?

My father-in-law just lost his wife this past week (early Tuesday morning). I'm trying to help him navigate SS benefits now. I know we need to file for the $255 death benefit, but I'm more concerned about the November SS payment that was already deposited. He's already spent most of it on bills, and I'm worried they'll ask for it back since she passed early in the month. Her birthday was in October if that matters. Should I transfer money to his account to cover the potential repayment? How quickly does SSA usually request these funds back? This is all happening so fast and I don't want him to get hit with an unexpected bill while he's grieving.

To summarize what others have correctly stated: 1. The payment received in November was for October, and since your mother-in-law was alive for all of October, your father-in-law is entitled to keep it. 2. There will be no payment in December (which would have been for November). 3. When you report the death to SSA, be aware that some financial institutions automatically return the most recent payment, which can create complications. 4. Your father-in-law may be eligible for survivors benefits if your mother-in-law's benefit amount was higher than his current benefit. 5. He should apply for the $255 death benefit if they were married at the time of her passing. The most important step now is to contact SSA to report the death and discuss survivors benefits options.

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Thank you for this clear summary. It's exactly what I needed. We'll contact SSA right away and make sure to ask about survivors benefits. I appreciate everyone's help during this difficult time.

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I'm so sorry for your family's loss. I've been through this exact situation with my grandmother last year, and I want to share what I learned to help ease your worries. The good news is that the November payment your father-in-law received is actually for October (Social Security always pays a month behind), and since your mother-in-law was alive for the entire month of October, that payment legally belongs to your father-in-law and does NOT need to be returned. Here's what you should expect: When you call SSA to report the death (which you absolutely must do), some banks have automatic systems that will return the most recent Social Security payment as soon as they're notified of the death. This happened to us, and it was incredibly stressful during an already difficult time. If this happens, you'll need to contact SSA again to have the payment reissued, which can take several weeks. My advice: Before calling SSA, maybe move some of those funds to a different account temporarily, just in case the bank auto-returns the payment. That way your father-in-law won't face any bounced payments while waiting for reissue. Also, definitely ask about survivors benefits when you call - if your mother-in-law's benefit was higher than what your father-in-law is currently receiving, he may be eligible for an increased monthly payment based on her earnings record. Take care of yourselves during this difficult time.

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Social Security overpayment notice - What are my appeal rights after receiving a $7,800 bill?

Got hit with a $7,800 overpayment notice from Social Security last week and I'm freaking out! They claim I didn't report some income from 2023 correctly, but I swear I did everything by the book. My monthly disability check isn't even enough to cover rent, so there's no way I can pay this back. The letter mentions something about appeal rights but it's all bureaucratic jargon. Has anyone successfully appealed one of these? What's the process like? Do I need a lawyer? The notice says I have 60 days to respond but I'm not sure what's the best approach.

Based on your situation with SSDI and the Trial Work Period (TWP), here's what you should focus on in your appeal: 1. Verify which months SSA counted as your TWP months (you get 9 within a 60-month period) 2. Check if they correctly calculated your SGA threshold ($1,470/month in 2023 for non-blind individuals) 3. Gather documentation of any Impairment-Related Work Expenses (IRWEs) that should be deducted from your earnings when determining if you exceeded SGA 4. If you had any subsidized employment (where employer pays you more than the actual value of the work), document this as it reduces countable earnings The fact that you mentioned work accommodations is key - those may qualify as IRWEs if they cost you money. This could potentially bring your countable income below the SGA level for some or all of the months in question.

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This is excellent advice. I'd add that SSA frequently miscounts TWP months or fails to apply IRWEs correctly. I've seen many overpayment determinations reversed when the beneficiary provided proper documentation of their IRWEs and work accommodations.

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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!

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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!

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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!

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Can I work part-time with both Social Security retirement and newly approved SSDI benefits?

Hey everyone, I'm dealing with a complicated situation and need some clear answers. I started collecting Social Security retirement benefits when I turned 62 last year with plans to work part-time at my old company. I've been an amputee (right leg below knee) since 2007, but managed to work as a truck driver for almost 31 years. In September, I started experiencing breathing problems and feeling unusually weak. After seeing several doctors, I was diagnosed with heart failure in October. Given this new medical issue on top of my amputation, I applied for SSDI to supplement my retirement benefits. Here's where it gets confusing - I just had my cardiology follow-up, and my doctor says the medication has improved my heart function enough that I could return to work if I wanted to. Coincidentally, I found out TODAY that my SSDI claim was approved! I'm still paying off a substantial bankruptcy from my divorce, and really need to know my options. Can I work part-time while receiving both retirement and disability benefits? Is there a specific earnings limit (I've heard maybe $1,100/month)? Does the SSA treat this differently since I already had retirement benefits before the SSDI approval? I've searched through posts here and get completely contradictory answers. Does anyone have ACTUAL experience with this specific situation? I need reliable info before I make any decisions that could mess up my benefits.

Let me try to clear up the confusion here: When you receive BOTH early retirement and SSDI, your benefits are effectively being paid as SSDI until you reach Full Retirement Age. During this time, you only need to worry about the SSDI work rules (SGA limits, Trial Work Period, etc.). The early retirement earnings test does not apply while you're receiving SSDI. Once you reach your Full Retirement Age, your benefits automatically convert to retirement benefits, and all work restrictions disappear completely. The important thing to remember is that you're not receiving two separate payments - you're receiving a single payment that equals the higher of the two benefit amounts. The SSA is essentially treating your benefits as SSDI until FRA, then as retirement benefits after FRA.

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That makes perfect sense now, thank you! So since my SSDI was just approved, I need to focus on staying under the SGA limit (with the 9-month Trial Work Period exception), and not worry about the retirement earnings test. I really appreciate everyone's help understanding this complicated situation. I've got a much clearer picture now of how I can approach going back to part-time work while protecting my benefits.

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I'm new here but dealing with a similar situation, so this thread has been incredibly helpful! I'm 63 and started collecting early retirement last year, then got diagnosed with a chronic condition and applied for SSDI. Still waiting on approval, but reading everyone's experiences gives me hope. One quick question for those who've been through this - when SSA converts your payment from retirement to disability, do you get any kind of notification letter explaining the change? I want to make sure I understand exactly what's happening with my benefits if/when my SSDI gets approved. Also, QuantumQuest, have you considered reaching out to your local SSA field office in addition to calling the main number? Sometimes it's easier to get face-to-face help, especially for complex situations like ours. Just a thought!

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