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As someone who works with disability cases, I want to emphasize that your sister should definitely pursue this now rather than assuming she has to wait until 62. The disabled divorced spouse benefit is a real provision that many people (including some SSA representatives) aren't familiar with. Since both she and her ex-husband are receiving disability benefits, the calculation can be tricky, but she may be entitled to the difference between her current SSDI amount and 50% of her ex-husband's Primary Insurance Amount (PIA) - not his reduced disability amount, but what his full retirement benefit would be at his full retirement age. When she calls, she should specifically mention she's asking about "disabled divorced spouse benefits under Section 202(b)(4) of the Social Security Act" - using that specific legal reference might help get her to someone who knows these rules. The fact that they were married 20 years and divorced 12 years ago puts her in a strong position eligibility-wise. Also, don't let one "no" discourage you - these cases sometimes require persistence and speaking with multiple representatives to find one who understands the specialized rules for disabled divorced spouses.
This is incredibly detailed and helpful information! Thank you for providing the specific legal reference - "Section 202(b)(4) of the Social Security Act." That's exactly the kind of specific language that should help her get to the right person who actually knows these specialized rules. I'm writing all of this down for her. The point about not giving up after one "no" is so important too - it sounds like persistence might be key here. Really appreciate you taking the time to explain the PIA calculation difference as well!
I just wanted to share my experience since I went through something very similar with my brother last year. He was 58, on SSDI for 4 years, and his ex-wife had just started receiving her own disability benefits. Initially, the SSA representative told him he'd have to wait until 62, but after we pushed back and specifically asked about disabled divorced spouse benefits, they connected us with a technical expert who confirmed he WAS eligible for additional benefits immediately. The key was getting to someone who actually understood these specialized rules. It took three phone calls and about 6 weeks to get it sorted out, but he ended up getting an additional $280/month retroactive to when his ex-wife first became eligible for benefits. Your sister's situation sounds even stronger since they were married for 20 years (vs my brother's 12 years). Definitely have her mention the specific legal provision that Zoey referenced - that really seemed to help get us to the right person. And don't give up if the first representative says no!
That makes PERFECT sense and explains the confusion! His benefit is right around $3,100 and she said the family max was about $5,200. So she was saying the family would get about 67% MORE in total, not that each dependent would get 67% of his benefit. Thank you for helping me make sense of this!
I'm glad you got that sorted out! Just wanted to add one more thing that might be helpful - when you do call SSA back to confirm everything, ask them to mail you a written benefit estimate that shows the breakdown for each family member. Having it in writing can prevent any confusion later and gives you something to reference if there are discrepancies when payments start. I learned this the hard way when our family went through the SSDI process. The written estimates are usually pretty accurate and can save you a lot of headaches down the road.
This is such great advice! I'm new to navigating SSDI and didn't even know you could request written benefit estimates. That would definitely give me peace of mind to have everything documented before the payments start. Did you find that the written estimates matched what you actually received when payments began? I'm still a bit nervous about counting on any numbers until I see the actual deposits!
I'm so sorry to hear about the change in your retirement strategy! The deemed filing rule really did eliminate a lot of flexibility for people in your situation. But don't give up hope yet - there might still be some options worth exploring. Since you're planning to retire at 62 and your own benefit will be higher at 67, you might want to consider: 1. Working part-time until your FRA to avoid the early filing reduction penalties 2. If you do need income before 67, remember that the earnings test goes away completely once you reach FRA, so any benefits withheld due to excess earnings get added back to your future payments 3. Consider doing some Roth conversions now while you're still working and in potentially lower tax brackets, to reduce future RMDs that could push you into higher SS taxation brackets Also, make sure to get an updated benefit estimate from SSA that shows both your own projected benefit and the divorced spousal benefit, so you can see exactly what the numbers look like under deemed filing. The silver lining is that at least you found out about this now and can adjust your planning accordingly!
This is really helpful advice, thank you! I hadn't thought about the earnings test benefits being added back later - that does make early filing less painful if I really need the income. The Roth conversion idea is interesting too. I've been putting that off but maybe now is the time to start doing some strategic conversions while I'm still working and before I start taking Social Security. I definitely need to get those updated benefit estimates from SSA. I've been working with old projections and need to see the real numbers under deemed filing to make an informed decision. It's frustrating that the rules changed, but I'm grateful for communities like this where people share their real experiences and knowledge. Much better than trying to navigate the SSA website alone!
Just wanted to chime in as someone who went through a similar situation a few years ago. The deemed filing rule really is a game-changer for retirement planning, and it sounds like you're getting great advice here about adapting your strategy. One thing I'd add - when you do get those updated benefit estimates from SSA, pay close attention to your earnings record to make sure it's accurate. I found several years where my earnings weren't properly credited, which would have significantly affected my benefit calculation. You can dispute and correct errors, but it's much easier to do while you're still working and have access to your old tax records. Also, regarding the taxation thresholds that were mentioned earlier - don't forget that those dollar amounts ($25k, $34k, etc.) haven't been adjusted for inflation since they were set in the 1980s! So more and more retirees find themselves paying taxes on their Social Security benefits than was originally intended. Definitely factor that into your withdrawal strategies. The good news is you still have several years to optimize your approach. Take advantage of that time to really understand all your options!
My sister-in-law just went through this exact situation last year! Her situation was almost identical - teacher pension and husband had claimed early. One thing no one mentioned yet - if your husband's benefit increased due to COLAs over the years since he claimed at 62, those increases ARE included in the survivor benefit calculation. So that might give you a bit more than you're expecting.
I'm dealing with a similar situation as a retired school counselor. One thing that helped me was creating a simple spreadsheet to track all the calculations. I listed my monthly pension amount, multiplied by 2/3 for the GPO reduction, then subtracted that from my estimated survivor benefit. Also, don't forget that if you're not yet receiving your teacher pension when you apply for survivor benefits, the GPO won't apply until you actually start receiving the pension payments. So there might be a window where you get the full survivor benefit before your pension kicks in. The timing can make a real difference in your overall financial planning, especially if you have flexibility in when you start your pension. Good luck navigating this maze!
That's really smart advice about the spreadsheet and timing! I hadn't thought about the window where I might get full survivor benefits before my pension starts. That could actually be significant - maybe I should delay starting my pension for a few months if something happens to my husband. Do you know if there's a limit to how long that window can be, or any other requirements I should be aware of for that timing strategy?
Yara Campbell
One important point for everyone following this discussion - while the Social Security Fairness Act would eliminate WEP/GPO for domestic public employees, international pension issues are typically governed by bilateral Social Security agreements (totalization agreements). These agreements are negotiated country-by-country and have their own unique provisions. If you have work history in multiple countries, it's essential to understand both the general WEP rules and the specific provisions of any applicable totalization agreement. These agreements help determine: 1. Whether you can combine work credits from both countries to qualify for benefits 2. How benefits are calculated when you have split work histories 3. Which country's benefits you're eligible to receive The US-UK agreement helps prevent double taxation and allows for totalizing credits, but it doesn't completely eliminate WEP reductions.
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Ella rollingthunder87
•This is really helpful information, thank you. I think I need to specifically ask about the US-UK totalization agreement when I finally get through to someone at SSA. Do you know if there's a specific department or specialist at SSA that handles international cases?
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Andre Laurent
•When you call SSA, ask to speak with someone in the Office of International Operations (OIO). They handle cases involving foreign pensions and totalization agreements. You can also mention that your case involves the US-UK totalization agreement specifically - this should help them route you to the right specialist. I had a similar situation with a Canadian pension and it took three transfers, but I finally got someone who understood the international agreements. Don't give up!
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LilMama23
I'm in a similar boat with a pension from Australia! Been dealing with WEP reductions for 3 years now and it's so frustrating. From what I've researched, the Social Security Fairness Act unfortunately won't help us with foreign pensions - it's really focused on US government workers like teachers and police officers who didn't pay into Social Security during their government service. The international pension situation is handled under totally different rules through those totalization agreements everyone's mentioning. I've been told by multiple people that we're basically stuck with WEP unless we can somehow get to 30 years of substantial US earnings (which seems impossible for most of us who worked abroad). @Andre Laurent thanks for mentioning the Office of International Operations - I didn't know there was a specific department for this! Going to try calling and asking for OIO directly instead of getting bounced around to regular customer service.
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Lilly Curtis
•Thanks for sharing your experience with the Australian pension! It's somewhat comforting to know I'm not alone in this frustrating situation, though I wish none of us had to deal with it. The fact that we paid into both systems in good faith and now get penalized feels so unfair. I'm definitely going to try calling and specifically asking for the Office of International Operations like @Andre Laurent suggested. Hopefully they ll'have more specific knowledge about the US-UK agreement. Have you had any luck getting through to OIO yet, or are you still trying to reach them?
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Ryan Vasquez
•I'm dealing with something similar but with a pension from Canada. Been getting WEP reductions for about 5 years now and like you said, it's incredibly frustrating! The whole system seems designed to penalize people who worked internationally and contributed to multiple systems in good faith. I actually tried calling SSA last month asking specifically for the Office of International Operations after seeing it mentioned in some forums, and it did help! They were able to transfer me to someone who actually understood totalization agreements instead of just reading generic WEP information from a script. Still didn't get the answer I was hoping for (no magical loophole to eliminate my reduction), but at least I got clear information about my specific situation. @LilMama23 definitely try asking for OIO - even if the news isn't great, it's better to get accurate information from someone who knows international cases rather than getting the runaround from regular customer service. Good luck!
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