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Thanks everyone for the amazing advice! I think I'll follow the hybrid approach - start online to get the basic information entered but then get help from an agent for the complicated WEP/GPO stuff and to make sure I'm not missing out on any benefits from my ex-spouse's record. Really appreciate all your experiences and suggestions!
I went through this exact same decision last year! I ended up doing the hybrid approach that AstroExplorer mentioned and it was perfect. Started online which let me work at my own pace and save progress, then called to finish with an agent who caught a few things I would have missed. The agent was especially helpful with the WEP calculation since I also had some non-covered government earnings. One tip - if you do start online, make sure to print out the receipt number they give you at the end. You'll need that when you call to finish up with an agent. Also, don't stress too much about getting everything perfect online - the agent can review and correct anything that needs adjusting. Good luck with your application!
One more thing that confused me during my application - they ask if you want to apply for ALL benefits you're eligible for. Say NO to this question! If you say yes, they'll automatically give you whichever is higher right now (probably your own), which defeats the whole purpose of the strategy of taking survivors now and your own later.
As someone new to this community, I just want to say how incredibly helpful this discussion has been! I'm in a similar situation - my husband passed away 3 years ago and I'm approaching my FRA next year. I had no idea about the survivor maximization strategy or that you could work without penalty at FRA while collecting survivor benefits. The practical advice about what documents to bring and the warning about not applying for "all benefits" is exactly what I needed to hear. It's so frustrating that SSA doesn't make these strategies more widely known - seems like you have to stumble upon communities like this to learn about them! One quick question - does anyone know if there are any gotchas or special rules if your deceased spouse was receiving disability benefits before they passed away? My husband was on SSDI for the last two years before he died.
Welcome to the community, Diego! I'm also relatively new here but have learned so much from these discussions. Regarding your question about SSDI - from what I understand, if your husband was receiving disability benefits, those convert to regular retirement benefits at his FRA (even posthumously for calculation purposes). So his SSDI shouldn't negatively impact your survivor benefits - you'd still be eligible for the full amount he would have received at his FRA. But definitely confirm this with SSA when you apply since every situation can have unique factors. The knowledge sharing in this community really is invaluable - I wish I'd found it sooner!
wait does this new law help people who worked in jobs with pensions AND had some social security covered jobs? my dad worked for the post office for 25 years but also had enough social security credits from earlier jobs but got his SS benefit reduced because of WEP
Yes! The Social Security Fairness Act will help your dad too. It phases out the Windfall Elimination Provision (WEP) over the same 5-year period (2025-2029). The WEP currently reduces Social Security benefits for people who receive pensions from jobs not covered by Social Security. As it phases out, your dad should see his Social Security benefit increase.
I'm a retired teacher from Texas and went through a very similar situation. One thing I learned is that your sister should definitely get documentation of her ex-husband's earnings record if possible - this will help her understand what her potential survivor benefit would be before any GPO reduction. Also, since she's 64, she can apply for reduced survivor benefits now (available at 60) or wait until her full retirement age for the maximum amount. Given that the GPO is phasing out, it might make sense to run the numbers both ways. The fact that California teachers don't pay into Social Security actually makes her situation clearer in some ways - there's no WEP issue with her own benefits since she doesn't have any SS benefits of her own, just the GPO issue with survivor benefits. And yes, the current widow doesn't affect her eligibility at all. Both can collect simultaneously.
This is really helpful advice! You mentioned getting documentation of the ex-husband's earnings record - how does someone go about getting that information? Can she request it directly from SSA, or would she need some kind of legal documentation since they were divorced? I imagine this might be one of the more challenging parts of the process, especially if the relationship with the ex wasn't amicable.
Thank you all for the helpful responses. I've learned a lot about my options. I do have a small life insurance policy that will help for now, and I'm going to see if I can increase my work hours for the next few years. I'll definitely contact SSA soon to make sure I'm in their system correctly as my husband's widow. And I'm going to start looking into the strategy of taking survivor benefits at 60 vs. waiting for a higher amount at my FRA. When the time comes, I'll check out that Claimyr service to get through to a real person at SSA. Thanks again everyone for sharing your knowledge and personal experiences - it's been really helpful during this difficult time.
You're very welcome. One last suggestion - SSA has a publication specifically about survivor benefits called 'How Social Security Can Help You When A Family Member Dies' (Publication No. 05-10008). It explains everything in detail. You can find it on ssa.gov or request a copy by mail. All the best to you during this difficult transition.
I'm so sorry for your loss. As someone who went through this process myself two years ago, I want to emphasize a few practical steps that really helped me: First, definitely contact SSA now to report your husband's death and get yourself established in their system as his widow - this was crucial advice from Miguel. Don't wait until you're ready to claim benefits. Second, regarding the earnings limit that StarSeeker mentioned - since you're making $28,000, you're well above the threshold. But here's something I learned: you can actually request that SSA withhold benefits during months when you expect to earn more, rather than having them reduce your annual benefits. This gives you more control. Third, consider getting a Social Security statement to see your own projected benefits. You might discover that the strategy of taking reduced survivor benefits at 60, then switching to your own (potentially higher) benefit later could work in your favor, especially if you continue working and building up your own credits. The emotional and financial stress is overwhelming right now, but you have time to plan the best strategy. Take care of yourself first, then tackle these decisions one step at a time.
Paolo Longo
This thread has been incredibly helpful - I'm dealing with a similar LTD overpayment situation and feeling less overwhelmed after reading everyone's experiences. A few additional thoughts based on what I've learned from other cases: 1. Document EVERYTHING during your negotiation calls - dates, names of representatives, what was discussed. Insurance companies sometimes have different departments give conflicting information. 2. If you're considering a settlement, calculate the total cost difference including potential tax implications on forgiven debt. Sometimes paying the full amount over time might actually cost less than a "discounted" lump sum when you factor in taxes. 3. Be aware that some LTD policies have clauses about "good faith cooperation" with offset investigations. Make sure your negotiation approach doesn't inadvertently violate any policy terms. 4. Consider timing - if you're still within any appeal periods for your SSDI amount, you might want to wait to see if your monthly benefit gets adjusted before finalizing any settlement. Has anyone dealt with situations where the LTD company tried to claim overpayment for attorney fees that were deducted from the SSDI backpay? I'm wondering if they're supposed to factor in those deductions when calculating what they're owed.
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CosmicCaptain
•Excellent points, especially about documenting everything! Regarding attorney fees - yes, LTD companies are supposed to calculate overpayment based on your net SSDI benefit (after attorney fees are deducted), not the gross amount. If they're including attorney fees in their overpayment calculation, that's incorrect and you should absolutely challenge it. The attorney fees were never money you actually received, so there's no basis for the LTD company to claim they "overpaid" you for those amounts. This is another reason why getting that detailed itemized statement is so crucial - it will show exactly how they calculated the overpayment and whether they properly accounted for attorney fee deductions.
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Mateo Hernandez
This is such valuable information from everyone - thank you all for sharing your experiences! I'm in a similar boat with a $58k LTD overpayment after my SSDI approval came through last month. Reading through these responses has given me so much confidence that negotiation is actually possible and normal. I'm particularly glad to see the advice about getting the itemized statement first. My initial letter from the insurance company was pretty vague about how they calculated the amount, and after seeing multiple people mention errors in the initial calculations, I'm definitely going to scrutinize every line item. One thing I'm curious about - for those who successfully negotiated settlements, how long did you wait after receiving your overpayment notice before starting negotiations? I'm wondering if there's any strategic advantage to waiting a bit vs. reaching out immediately while they know I have the SSDI backpay available. Also, has anyone dealt with Hartford Insurance for LTD overpayments? I'm hoping they're reasonable to work with like some of the other companies mentioned here.
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