

Ask the community...
One important thing no one's mentioned yet - when your husband does eventually file (whether at 62 or 70), if your SSDI converts to retirement benefits by then, the SSA will automatically check if he's eligible for the higher of either his own benefit or a spousal benefit. If 50% of your primary insurance amount (PIA) is higher than his own benefit would be, he'll automatically get the higher spousal amount. But with your husband's FRA benefit estimated at $2,700, it's unlikely the spousal benefit would be higher unless your SSDI benefit is over $5,400/month, which would be unusual.
I understand your frustration with getting through to SSA - it's incredibly difficult right now. Just to add one more perspective: even though the restricted application strategy is gone, there might still be some value in having your husband speak with a Social Security representative or a fee-only financial planner who specializes in Social Security optimization. While he can't collect spousal benefits separately, there could be other considerations like survivor benefits planning that might influence timing decisions. With your SSDI situation and his higher expected benefit, maximizing his benefit by waiting until 70 is likely the right move, but getting a personalized analysis could give you both peace of mind that you're making the optimal decision for your specific circumstances. The earnings test issue that Keisha mentioned is also huge - at $85k annually, he'd lose most early benefits anyway due to the earnings limit.
I just wanted to update you - I checked with my mother-in-law and she said using Claimyr was actually what finally got her issue resolved. After weeks of getting nowhere with the office visits, we used that service my husband found online, got through to a real person at SSA in about 15 minutes, and that rep was able to flag her case for expedited review. Within 48 hours she got a call from a supervisor who fixed the payment. Just wanted to share what finally worked for us after all the frustration.
Thank you so much for following up! I tried Claimyr this morning after another person here recommended it, and I got through to SSA in about 12 minutes. The representative found the error - they had accidentally applied an overpayment recovery from someone else's record to mine! She flagged it for emergency correction and said I should see the missing amount deposited within 5-7 business days. Such a relief! I'll update once the money actually arrives.
That's such great news that you found the issue! An overpayment recovery from someone else's record being applied to yours - that's exactly the kind of system error that seems to be happening more frequently. I'm glad Claimyr worked for you too. For anyone else reading this thread with similar issues, it really seems like getting to an actual SSA representative who can look at your account details is the key. The automated systems and even some field office staff don't always have the access or training to spot these kinds of database errors. Definitely keep us posted when the funds arrive - it'll give hope to others dealing with similar situations!
This is an excellent point about survivor benefits. While spousal benefits are capped at 50% of the worker's PIA (FRA amount), survivor benefits can include 100% of the deceased spouse's benefit, including delayed retirement credits. For couples with significant differences in earnings history, this survivor benefit protection is often the most compelling reason for the higher earner to delay benefits until age 70.
I'm new here but going through a very similar situation! My husband is 69 and still working, planning to file at 70, and I'm 63 trying to figure out the best timing for my benefits. Reading through all these responses has been incredibly helpful - especially learning that spousal benefits are based on his FRA amount, not his age-70 amount. That was news to me! One thing I'm still wondering about though - if I start my own benefits early (say at 64), would that reduce the spousal benefit calculation later? Or would I still get bumped up to the full 50% of his PIA when he files at 70, even if my own benefit was reduced for filing early? Also, has anyone here actually used that Claimyr service mentioned above? I'm getting desperate trying to reach SSA directly and might be willing to pay for help at this point!
Regarding your appeal options if denied: 1. Request for Reconsideration: This is the first level of appeal. You'd submit form SSA-561. 2. Administrative Law Judge (ALJ) Hearing: If the reconsideration is denied, you can request a hearing. 3. Appeals Council Review: If the ALJ denies your claim, you can request the Appeals Council to review it. 4. Federal Court Review: The final level would be filing a civil action in Federal District Court. However, I want to set realistic expectations. For retroactive benefits beyond the standard 6-month period, the success rate is extremely low unless there was documented misinformation or you can prove you attempted to file earlier. Regarding your ex-husband's age affecting eligibility: You're onto something important. If he wasn't yet receiving benefits or eligible for benefits when you applied for SSDI, that could explain why you weren't informed initially. The divorced spouse benefit rules require the ex-spouse to be entitled to benefits (though they don't have to be claiming them if you've been divorced for at least 2 years).
I'm so sorry this happened to you! As a newcomer here, I'm learning how common this issue is from reading everyone's responses. It's really eye-opening and honestly pretty scary that SSA doesn't proactively inform people about benefits they're eligible for. I'm curious - when you initially applied for SSDI in 2017, did they ask you about your marriage history at all? Or was the application process focused only on your disability claim? I'm wondering if there's any documentation from that initial application that might help support a "good cause" argument, even though it sounds like the chances are slim. Also, has anyone here had success working with a disability attorney or advocate for situations like this? I know they typically work on contingency for initial claims, but I'm not sure if they'd take on retroactive benefit cases.
Jamal Anderson
Update: I finally got through to SSA after trying that Claimyr service someone mentioned. The rep explained that since I reported my expected earnings now, they'll reduce my monthly checks for the rest of 2025 instead of stopping them completely. Each check will be about $600 less than normal. Not great, but at least now I can budget for it! She also confirmed I need to submit the SSA-795 form right away. Thanks for all the advice everyone!
0 coins
Giovanni Ricci
•Glad you got through! $600 less per month sounds tough but at least you know what's coming now!
0 coins
QuantumQuest
That's such great news that you got through and have a plan now! It really shows how important it is to be proactive about reporting expected earnings. I'm dealing with a similar situation myself - went back to work part-time after starting benefits at 62. The uncertainty of not knowing when or how they'll adjust your payments is the worst part. For anyone else reading this, I'd definitely recommend getting that SSA-795 form submitted ASAP if you think you'll exceed the earnings limit. Having $600 less per month is definitely manageable compared to suddenly having NO check for two months like some people experienced. Thanks for updating us on how it worked out!
0 coins