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As someone who's been through the SSA maze myself, I can confirm what others have said - you absolutely CAN choose the higher survivor benefit between your ex-husband and current husband when the time comes. The 10+ year marriage rule for your first marriage is key here, and since you were married almost 12 years, you're covered. One thing I'd add that hasn't been mentioned much is to keep detailed records of BOTH spouses' work histories if possible. When I applied, having information about approximate earnings helped the SSA representative give me a better estimate during my appointment. Also, don't forget that if you're still working when you start collecting survivor benefits before your Full Retirement Age, there are earnings limits that could reduce your benefits temporarily. The strategy that @Zara Khan mentioned about potentially taking a reduced survivor benefit first and switching later is really smart - it's called "claim and switch" and can maximize your lifetime benefits in some situations. Definitely worth exploring with a benefits counselor when you get closer to 60!
Thank you for mentioning the earnings limits - that's something I hadn't thought about! I'm planning to continue some self-employment work past 60, so I'll need to factor that in. The "claim and switch" strategy sounds really intriguing. It's amazing how many variables there are to consider with Social Security planning. I'm grateful for communities like this where people share their real experiences navigating these complex decisions. It gives me confidence that I'll be able to make informed choices when the time comes.
I wanted to add something that might be helpful for your planning - consider also looking into whether either of your husbands has or will have government pensions (federal, state, local). If so, the Government Pension Offset (GPO) could reduce any spousal or survivor benefits you might receive by 2/3 of the pension amount. This doesn't affect your own Social Security benefit, but it could significantly impact which survivor benefit option gives you the most money. Since you're in a planning phase, it's worth asking both spouses about any government employment in their work history. I learned about this the hard way when my friend's teacher's pension nearly eliminated her Social Security survivor benefit. The SSA website has a GPO calculator that can help you estimate the impact if this applies to your situation.
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!
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!
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.
That's excellent advice about getting written confirmation! I hadn't thought about asking for a receipt showing how they coded my retirement date. Given some of the horror stories shared here about people getting hit with overpayment notices months later, having that documentation upfront seems crucial. Is there a specific form or document I should request, or just ask the agent to note it in my file?
When I applied, I asked them to send me a "Notice of Award" or "Award Letter" that specifically mentions the monthly earnings test and my retirement effective date. You can also request what's called an "Earnings Test Determination" letter. If they can't provide that immediately, ask the representative to make detailed notes in your file about the monthly test application and request a follow-up letter confirming this within 30 days. Having this paper trail saved me when there was confusion later about my earnings limit calculation.
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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Emma Anderson
•Thank you for your kind words! This community has been such a valuable resource. I'm also relatively new to navigating these benefits for elderly family members, and threads like this really help demystify the process. It's encouraging to see people sharing their real experiences rather than just the confusing official documentation. Best of luck to you as well if you're dealing with similar situations for your family!
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QuantumQuasar
I'm also dealing with a similar situation for my elderly father who was a federal employee. What I've learned from researching this is that even though the GPO typically reduces benefits significantly, there can be exceptions or special circumstances that aren't immediately obvious. For instance, if your mother had any periods where she worked for government but also paid into Social Security, or if there were any calculation errors in the original benefit amount, it could affect the final determination. I'd definitely recommend getting that official SSA calculation done - sometimes the actual numbers work out differently than the rough estimates we can do ourselves. Also, don't forget to ask about any potential one-time death benefits (like the $255 lump sum) that might not be subject to GPO. Good luck with the application process!
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Aurora St.Pierre
•That's really valuable information about potential exceptions and special circumstances! I hadn't thought about the possibility of calculation errors or mixed employment situations. The one-time death benefit is also something I should ask about - every little bit helps with his medical expenses. It's reassuring to know that others are going through similar situations with federal employee parents. This whole process feels overwhelming when you're trying to help an elderly parent navigate it, but hearing from people who've been through it makes it feel more manageable. Thank you for taking the time to share those specific details to look out for!
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