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My dad worked for the Postal Service for 41 years under the Civil Service Retirement System (CSRS) and never paid into Social Security. He's now 88 and living on his federal pension alone. My mother passed away last year in April 2023, and she had worked enough to qualify for her own Social Security benefits. Dad never qualified for spousal benefits while she was alive because of the Government Pension Offset (GPO) rules. I've been hearing rumors that there were some recent changes to survivor benefits that might help federal retirees? Does anyone know if he might now be eligible for some survivor benefits from my mom's Social Security record? His CSRS pension is about $4,200/month if that matters for the calculations. I'm trying to help him navigate this since he's struggling a bit financially with medical expenses.
I'm trying to understand Social Security survivor benefits for my somewhat unusual situation. I was married to my first husband for almost 12 years before divorcing. Now I'm 57 and remarried for the past 4 years to my current husband. My question is: If my current husband passes away while we're still married, would I have the option to choose which survivor benefit to take - either based on my ex-husband's record (when eligible) or my current husband's record? Or am I automatically limited to just my current husband's record because that's the marriage in effect at time of death? My earnings history is significantly lower than both husbands since I've been self-employed most of my life while helping support various family members. The difference in potential benefits could be substantial and I'm trying to understand my options for future planning. The SSA website doesn't seem to address this specific scenario. Thanks in advance for any insights!
To answer your follow-up question about the application process - yes, you should bring marriage certificates for both marriages, as well as your divorce decree from the first marriage. Death certificate(s) for any deceased spouse will also be needed. While you can start the survivor application online, complex situations like yours usually require finishing the process with a phone or in-person interview. Make sure to explicitly mention both marriages during your application so they check both records. And as others have mentioned, think carefully about WHEN you claim - the difference between claiming at 60 versus your Full Retirement Age can be substantial.
Great question! I work as a benefits counselor and see this situation fairly often. You're absolutely right to plan ahead. The good news is that you DO have options when the time comes. Social Security will indeed pay you the highest survivor benefit you qualify for, whether that's from your ex-husband (10+ year marriage) or current husband. A few additional tips: 1) Keep good records of both marriages and your divorce decree, 2) Consider creating a my Social Security account now to track your own earnings record - it might be higher than you think with all those self-employment years, 3) Remember that remarrying after age 60 doesn't affect your ability to claim ex-spouse survivor benefits. The timing of when to claim is crucial too - survivor benefits can start as early as 60 but are reduced until your Full Retirement Age (likely 67 for you). Sometimes it makes sense to claim a reduced survivor benefit first, then switch to your own higher retirement benefit later if it grows to exceed the survivor amount. Definitely worth getting a personalized estimate from SSA when you're closer to 60!
I just received an overpayment notice from Social Security claiming I owe $7,250 back to them. This isn't related to any work I did or unreported income - it's because they're saying I didn't qualify for widow's benefits during 2023-2024 due to a remarriage they claim happened (it didn't - I've been legally separated but not divorced from my 2nd husband since 2019). I've already tried calling SSA six times but either get disconnected or told different things each time. I've submitted a reconsideration request with all my documentation, but I'm terrified they'll garnish my benefits while this gets sorted. Has anyone hired an attorney specifically for overpayment issues NOT related to working while receiving benefits? Was it worth the cost? I live on just $1,780/month and can't afford to lose anything to repayment.
Thank you everyone for all this helpful information! I've decided to: 1) File the SSA-632 waiver form TODAY, 2) Contact legal aid in my county tomorrow morning, 3) Submit a FOIA request for my file, and 4) Try to make an in-person appointment at my local office. If legal aid can't help, I'll look for an attorney who specializes in Social Security and works on contingency. I feel so much better having a plan now. Will update once I have news!
Good luck Emily! You have a really solid plan there. I went through something similar a few years ago and keeping that detailed log like Amara mentioned was crucial - I had to reference it multiple times during my hearing. Also, when you go in person to the SSA office, bring copies of EVERYTHING and ask them to put a note in your file about what documents you showed them. Sometimes things get "lost" in the system and having that paper trail saved me. Rooting for you!
I'm in a tough spot with my Social Security benefits and need some advice. My retirement benefits are restarting next month (payment date 1/3/2025) after I stopped working. I had previously claimed early during COVID, then returned to work for 2 years which resulted in a $10,000 overpayment (I know, ouch). My Full Retirement Age is 1/1/2026. Here's where things get complicated - my ex-spouse of 18 years passed away on 8/6/2024, so I had a phone interview with my local SSA office to apply for survivor benefits. During that interview, I agreed to a monthly overpayment deduction of $145, which was showing as my monthly repayment amount on the SSA website. Last week, my case was transferred to another office. Today I checked online and saw that step 3 of 3 was completed for my application, but noticed they changed my monthly overpayment deduction from $145 to $245 per month! I never agreed to this higher amount and it will seriously impact my monthly budget. Does anyone know how I can get this changed back to the original $145 we agreed upon? Can they just change this without notifying me? Any advice would be greatly appreciated!
wait i just realized something - if ur ex passed away recently shouldn't you be getting more money not less? my aunt got survivor benefits and it was way more than her own SS check
This is a good point, but it depends on several factors. Since the original poster is taking survivor benefits before FRA, they'll be reduced. At their current age, they'd receive approximately 79-82% of the deceased ex-spouse's full benefit. Also, if their own retirement benefit is higher than the reduced survivor benefit, they won't see an increase. Additionally, if they were receiving retirement benefits early and switch to reduced survivor benefits, there's a separate calculation called the RIB-LIM that might further affect the amount. This is definitely something they should clarify with SSA.
I'm so sorry you're dealing with this stressful situation! As someone new to Social Security, this thread has been really eye-opening about how complex these overpayment situations can be. From what everyone is saying, it sounds like you have several options to explore. The suggestion about Form SSA-634 to request a lower recovery rate seems particularly promising, especially since you can demonstrate financial hardship. I also think the idea of requesting a temporary reduction until your FRA next year is brilliant - that shows you're willing to work with them while acknowledging your current financial constraints. One thing that struck me from reading all these responses is how important it is to get everything documented in writing going forward. It seems like verbal agreements with SSA aren't reliable, unfortunately. I hope you're able to get this resolved quickly and get back to the $145 amount you originally agreed to. Please keep us posted on how it goes - your experience could really help others who might face similar situations!
I'm turning 63 next year but won't reach my full retirement age until 2027. I'm planning to file for Social Security benefits starting June 1, 2025. From January through May 2025, I expect to earn about $20,000 from my current job. After I start collecting benefits, I would reduce my hours to stay under the monthly earnings limit (around $1,900/month). My question is: Will SSA penalize me for the $20,000 I earned BEFORE I started collecting benefits? Or does the earnings test only apply after I start receiving payments? I'm worried they might look at my total 2025 income at tax time and demand repayment in 2026 even though most of my earnings were before I started collecting SS. Anyone know how this works?
To clarify for everyone: When you apply for benefits in your first year of retirement, you need to: 1) Tell SSA you're retiring or significantly reducing work that month 2) Stay under the monthly limit for each month you receive benefits 3) Verify they coded your application for the monthly earnings test 4) Keep documentation of your work reduction If you do all that, then yes, your pre-retirement earnings in 2025 won't count against you. But you must actually reduce your work when you say you're going to.
Just wanted to add one more important point - when you apply in June, make sure you get written confirmation from SSA that they're applying the monthly earnings test to your case. I've seen too many situations where people thought they were set up correctly but SSA was actually using the annual test. You can request this confirmation in writing or ask for a receipt showing how they coded your retirement date. This will save you a lot of headaches later if there's any confusion about which test applies to your situation.
Liam Mendez
After you apply, you can appeal if you disagree with their determination. Many people don't realize there's a formal appeals process. The first level is called "Reconsideration" and must be filed within 60 days of receiving their decision. About 15-20% of reconsiderations result in a changed decision, so it's worth trying if you think they made an error in the calculation.
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Yuki Tanaka
AuthorI appreciate knowing about the appeals process. I'm going to go ahead and apply for him just to find out for sure. Thanks to everyone for all this helpful information!
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Paolo Longo
I'm sorry for your family's loss. As someone new to navigating these benefits, I found this thread incredibly helpful. The GPO rules are so complex and it sounds like even with the offset, it's still worth applying since every situation can be different. I had no idea about the time limits for retroactive benefits or the appeals process. Thank you everyone for sharing your knowledge and experiences - it really helps those of us trying to figure out this system for our elderly parents. Wishing your father the best outcome with his application!
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