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Will I get survivor benefits if husband is serving 25-year prison sentence? Social Security question

I need advice about my Social Security situation. My husband is currently incarcerated and serving a 25-year sentence. We've been married for almost 19 years, and I'm worried about what happens with Social Security survivor benefits if he passes away while in prison. I'm 67 years old now, and he'll be turning 67 next month in March. I'm already drawing my own retirement, but his benefit amount was higher before he went to prison. Would I be eligible for survivor benefits even though he's incarcerated? And if I am eligible, would I receive the full amount he was getting before imprisonment, or would it be reduced? I've tried calling the SSA office, but I keep getting different answers. Anyone dealt with something similar?

btw my aunt did get survivor benefits after my uncle died in prison. took almost 3 months to process tho so dont expect it right away if it happens. and she said they made her fill out extra forms but it worked out in the end

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Thanks for following up. That's good to know that it worked out for your aunt, even if it took some extra time and paperwork.

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I want to add something important that hasn't been mentioned yet - if your husband does pass away while incarcerated, you'll need to apply for survivor benefits as soon as possible. There's no automatic conversion from your current retirement benefit to the higher survivor benefit. You'll need to contact SSA and specifically apply for widow's benefits. Also, make sure the prison has your current contact information so they can reach you if anything happens. The sooner you apply after a death, the sooner you can start receiving the higher benefit amount. Some people wait months or even years before applying, not realizing they need to take action. Don't let bureaucratic delays cost you money you're entitled to.

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Will my ex-spouse's SS benefit of $3000 continue to grow even while he's collecting early? Confused about my spousal top-up options

I'm really stressing about a decision I made and wondering if I should reverse it. I started collecting Social Security benefits this February at 63 with a spousal top-up based on my ex-husband's record (we were married 22+ years). My current income is pretty low (around $21,500/year), so my plan has been to save ALL of my SS payments until I hit 70, then start using part of those savings to supplement my monthly SS checks.But now I'm second-guessing myself. I keep wondering if I should stop collecting, pay back everything I've received, and wait until my Full Retirement Age to restart. Here's why I'm confused: My benefit would be 50% of my ex's maximum benefit, which is about $3000/month. He started collecting before his FRA though.My big question is: Does that $3000 base amount continue to grow with COLA even though he's already collecting? And am I actually losing money by collecting the spousal benefit early instead of waiting until my FRA? The difference in monthly payments seems significant, but I'm not sure if the long-term math works out in my favor either way. Help!

Thank you for this summary. I think my next step is definitely to get accurate numbers from SSA about my ex's FRA benefit amount and then make some calculations. Really appreciate everyone's insights!

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One thing I'd add to this great discussion is that you should also consider what happens if your own retirement benefit (based on your work record) might eventually exceed the spousal benefit. If you're still working and earning credits, your own benefit continues to grow until age 70 with delayed retirement credits. Even though you're receiving spousal benefits now, Social Security will automatically switch you to your own higher benefit if it becomes larger. So while you're weighing the spousal benefit decision, don't forget to factor in what your own benefit might look like at 70 - especially since you mentioned you're still earning around $21,500/year. This could potentially change the math significantly depending on your work history and future earnings!

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Disabled at 44 with 29 work credits - denied SSDI but on Medicare - can I get Social Security at FRA?

I'm really confused about my Social Security eligibility and getting conflicting information. I became disabled at age 44 with 29 work credits to my name. Before my disability, I spent about 10 years working as a county administrator where I didn't pay into FICA (we had a separate pension system). When I applied for SSDI, I was denied due to insufficient recent work credits under Social Security coverage. Oddly enough, I was approved for Medicare despite the SSDI denial. Here's what's bothering me: THREE different SSA representatives have told me I won't be eligible for ANY Social Security retirement benefits when I reach my full retirement age (66) because I don't have the full 40 credits. But this seems wrong to me - I thought if you became disabled before retirement age with enough credits for your age (which I had - needed 20 credits in the 10 years before disability and had 29 total), you should still qualify for benefits at retirement age. Does anyone know if the reps are giving me incorrect information? Where can I find definitive answers about this situation? I can't work anymore and I'm worried about my future income.

Following up on my earlier comment - after using Claimyr to reach an actual knowledgeable person at SSA, I discovered my benefits were calculated wrong for YEARS because regular reps didn't understand how the disability freeze worked with my public employment. Got a nice backpay check! Definitely don't give up and keep pushing for answers.

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That's amazing you got backpay! I'm definitely going to pursue this further. I've been so discouraged by the conflicting information, but this thread has given me hope. I'll try to update once I get more definitive answers.

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I work for a disability advocacy organization and see cases like yours frequently. The key thing you need to understand is that there's a difference between a "medical determination" and "technical eligibility" for SSDI. It sounds like SSA found you medically disabled (hence the Medicare) but technically ineligible for payments due to insufficient recent work credits. Here's what you should do immediately: 1. Request your complete SSA file including any disability determination notices 2. Ask specifically about "disability freeze" or "period of disability" status 3. Get a written explanation of how your benefits will be calculated at retirement age The fact that you're on Medicare suggests you DID get a medical disability determination, which should protect your retirement eligibility through the disability freeze provision. The reps telling you that you'll get "nothing" at retirement are likely wrong - they're probably not accounting for the special rules that apply to people with established disability periods. Also be aware that your county pension will likely trigger the Windfall Elimination Provision, which will reduce (but not eliminate) your Social Security benefits. Don't let SSA convince you that WEP means you get zero benefits - that's also incorrect. Document everything and don't accept "no benefits ever" as a final answer until you've spoken with someone who actually understands disability freeze calculations.

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Unexpected $310 'one time payment' from Social Security - no explanation on mySocialSecurity account

I'm completely confused about an extra Social Security payment that showed up in my bank account yesterday. SS direct deposited $310 out of nowhere, and I wasn't expecting anything beyond my regular monthly benefit. I've been drawing my retirement benefits for about 3 years with no issues until now.When I logged into my mySocialSecurity account to figure out what's going on, all it says is "Social Security (one time payment)" with no further explanation. Nothing in the message center either. Is this some kind of COLA adjustment? Tax refund? Error?I'm hesitant to spend it until I know what it's for, but I can't figure out how to get this information. Has anyone else received an unexpected payment recently? How do I find out why they sent me this money without spending 4 hours on hold?

This is a good point about taxes. I learned this the hard way - got a surprise payment that pushed me into a higher tax bracket that year. Wasn't expecting to owe money come tax time!

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I had almost the exact same thing happen to me last month - a random $287 payment with just "one time payment" showing up. Turns out it was related to a Medicare Part B premium adjustment from earlier in the year. What I did was screenshot everything in my mySocialSecurity account, then called the local SSA office first thing in the morning (around 8:15 AM) when they open - much better chance of getting through than the national number. They were able to pull up my payment history and explain it right away. In my case, they had been deducting too much for Medicare premiums for several months and this was the refund. The representative said these adjustments are pretty common and usually legitimate, but definitely worth confirming. Good luck getting through to them!

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Will remarrying at 68 terminate my SS survivor benefits from first husband?

I'm turning 68 next month and have been receiving my own Social Security retirement benefits ($1,850/month) since I was 66. I also get a small survivor benefit ($475/month) from my first husband who passed away when I was 57. Now I've met someone wonderful and we're thinking about getting married this fall. My question is: Will I lose those survivor benefits if I remarry at my age? I've heard different things from friends - some say I'll keep them because I'm over 60, others say I'll lose them regardless. I really need to know before making any decisions because that extra $475 makes a big difference in my monthly budget. I tried calling SSA twice but both times I was on hold for over an hour before getting disconnected. Has anyone here gone through a similar situation? Any insights would be very much appreciated!

my mom lost her ss when she remarried but she was only 58 so maybe thats why?? the age thing makes sense now that i think about it

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Yes! That's exactly why. The cutoff is age 60 for most people (or 50 if you're disabled). Your mom was just under the threshold at 58, so different rules applied to her situation.

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Update: I used that Claimyr service someone suggested and actually got through to SSA! The representative confirmed that I will keep my survivor benefits after remarriage since I'm over 60. She also told me I need to report the marriage within 10 days by bringing my marriage certificate to the local office or mailing a certified copy. Just wanted to thank everyone for their help! Wedding planning can continue without financial stress now. ❤️

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Excellent news! Glad you got official confirmation. One more tip: when you go to report the marriage, bring your current ID, your marriage certificate, and your Social Security card if you have it. Also bring your deceased spouse's Social Security number (if you know it) to help them locate your records faster. Congratulations on your upcoming marriage!

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So wonderful to hear you got the official confirmation! That must be such a relief. Wishing you all the best for your wedding - it sounds like you've found someone really special. Thanks for updating us too, it helps other community members who might be in similar situations.

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