Update: We finally got through to SSA yesterday and started the application. The representative confirmed what several of you said - my nephew can receive both benefits, but the OPM benefit will be reduced by whatever he gets from Social Security. She estimated his monthly SS benefit will be around $1,875. We also got the OPM paperwork started with a benefits specialist (thank you for that suggestion!). They're estimating about $2,140 monthly, so if those numbers are accurate, he would get the full SS benefit ($1,875) plus the difference from OPM ($265). Thank you all SO much for the help and guidance. This has been an overwhelming time and your expertise made a huge difference.

I'm so sorry for your family's loss. As someone who works in federal benefits administration, I want to emphasize how important it is that you got the correct information from SSA. The HR person's initial explanation was misleading - while technically your nephew can't receive the "full" amount of both benefits simultaneously due to the offset, he absolutely should apply for both to ensure he receives the maximum possible benefit. One additional thing to keep in mind: make sure your sister understands that these benefits will continue until your nephew turns 18 (or 19 if still in high school). The OPM benefit can extend to 22 if he's a full-time college student, but the Social Security portion stops at 18/19. This might affect financial planning for his later college years. Also, definitely follow up on the FEGLI suggestion - federal employees often have basic life insurance that's separate from these survivor annuities, and that could provide additional financial support for your nephew's future.

btw don't send original documents!!! only send COPIES. my friend sent originals and ssa lost them all!! make sure u keep ur originals safe

Just wanted to add - make sure you request a copy of your complete SSA file well before your hearing if you haven't already! You can submit Form SSA-L725 to get your entire administrative file. This will show you exactly what the ALJ will be looking at and help you identify any missing documents. I did this for my hearing and discovered they were missing several key pieces of correspondence that proved my timeline. Having your own copy of their file also helps you reference specific documents during the hearing by their exhibit numbers. Good luck with your Monday deadline!

Thanks for this comprehensive thread - it's really clarified the 10-year rule for me. I'm actually going through a divorce right now and my lawyer mentioned this exact issue. We're at 9 years and 4 months married, and she suggested we could delay finalizing the divorce by about 8 months to hit the 10-year mark if I wanted to preserve potential Social Security benefits. It's a tough decision because emotionally I just want the divorce over with, but financially it makes sense to wait. My ex-husband has a much higher earnings record than me, so those survivor benefits could be significant down the road. Has anyone else faced this kind of timing decision during their divorce? I know it sounds calculating, but when you're looking at potentially losing thousands in future benefits over a few months, it's hard to ignore the financial impact.

As someone who works in family law, I can confirm that the 10-year marriage duration requirement is indeed strictly enforced by SSA. I've seen many clients over the years who were just months or even weeks short of the 10-year mark, and unfortunately none were able to qualify for divorced spouse benefits. One thing I always tell clients going through divorce is to consider this rule early in the process if they're anywhere close to the 10-year mark. While it might seem awkward to delay a divorce for financial reasons, the potential lifetime value of those benefits can be substantial - especially if there's a significant difference in earnings records. For those already divorced and short of 10 years, remember that you may still be eligible for benefits based on your own work record, and if you remarry, you might potentially qualify through a future spouse's record (assuming that marriage lasts 10+ years). The system may seem inflexible, but having clear rules does prevent a lot of subjective determinations and potential disputes. It's just unfortunate when people fall just short of the requirement.

To make sure we've got this clear for the original poster: If your FRA is 67 and 4 months and you were born on September 17th, your FRA is January 17th. You can file for benefits up to 4 months before January (as early as September) and specify January as your start month. Your benefits will start in January (the full month is credited to you even though your FRA is on the 17th), and your first payment will arrive in February on the third Wednesday. There's no advantage to waiting until January to file - in fact, filing 2-3 months early (while still specifying January as your start date) is recommended to avoid processing delays.

Just want to add one more helpful tip for anyone reading this - when you do file your application (whether online or by phone), make sure to have your most recent tax return handy and any W-2s from the current year. SSA will need to verify your earnings history to calculate your benefit amount. Also, if you're married, they'll ask about your spouse's Social Security number and birth date even if they're not filing yet, as this affects potential spousal benefits down the line. The online application at ssa.gov is usually the fastest way to apply and you can save your progress if you need to gather documents. Good luck with your retirement planning!

also dont forget they only count WAGES and SELF-EMPLOYMENT toward the limit!! investment income, pensions, etc DONT count against the earnings test. that really helped me maximize my survivors check

Just wanted to add one more important point that might help you plan better - Social Security also has what's called a "grace year" provision. In the year you reach Full Retirement Age, the earnings limit is much higher (around $59,520 for 2025) and they only count earnings BEFORE the month you reach FRA. Plus, the penalty is reduced to $1 withheld for every $3 over the limit instead of $1 for every $2. So if you're turning 67 in 2025 or 2026, that could make a big difference in your planning. Also, any benefits they withhold due to excess earnings aren't lost forever - they recalculate your benefit at FRA to give you credit for the months they withheld, which increases your monthly payment going forward.