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If your husband's payment for the month in which he died was directly deposited, the bank should be notified. Typically, Social Security will contact the bank to request the return of the payment. However, if the funds have been spent, Social Security will contact you to arrange repayment. It's best to leave those funds untouched until this is resolved. When you have your appointment about survivor benefits, mention this situation so they can help you handle it correctly.
I'm so sorry for your loss, Diego. Going through this paperwork while grieving is incredibly difficult. Just wanted to add one more thing that might help - when you call to make your appointment, you can also ask them to mail you form SSA-10 (Application for Widow's or Widower's Benefits) ahead of time so you can review it and fill out what you can before your appointment. This can help speed up the process and reduce some of the stress of trying to remember details during the meeting. Also, if you have any joint bank account statements or tax returns that show you were married and living together, bring those too as backup documentation. Take care of yourself during this difficult time.
did u try asking for a supervisor when they denied your waiver? sometimes the first person just says no to everything but a supervisor can actually help
I'm a retired SSA claims specialist and I've seen thousands of GPO cases like yours. First, don't give up on that overpayment appeal - the fact that they admitted having your documentation beforehand is actually significant. Request an Administrative Law Judge hearing and emphasize that timeline in your testimony. For your benefit strategy, here's what I'd recommend: Get your complete earnings record and benefit estimates from SSA (either online at ssa.gov or through that Claimyr service someone mentioned). You need to know your Primary Insurance Amount (PIA) before WEP reduction to make this decision properly. Since you're already receiving survivor benefits (reduced by GPO), the key question is whether your own retirement benefit at FRA would exceed what you're getting now. If your own benefit at 67 would be substantially higher, keep the survivor benefit until then. If not, you might consider filing for reduced retirement at 62 and keeping whichever is higher. One thing many people miss: if you file for your own retirement benefit, WEP will reduce it, but that reduction might be less severe than the GPO reduction you're experiencing on survivor benefits. The math matters here - get those exact numbers!
One last point regarding your strategy: when you pass away (hopefully many decades from now), your wife will receive the higher of the two benefits as a survivor benefit. So by having her wait until 70 to claim her own retirement benefits, you're also potentially maximizing her future survivor benefit. This is especially important since women typically outlive men by several years. The restricted application strategy you're considering provides: 1. Your full benefit now when you need it 2. Extra spousal income for your wife while her benefit grows 3. A maximized benefit for your wife at 70 4. A maximized survivor benefit for your wife if you predecease her It's really an optimal approach for your birth years and situation.
As someone who just went through this process myself, I wanted to add a practical tip: when you go to file the restricted application, bring a printed copy of the SSA Program Operations Manual (POMS) section RS 00615.362 which specifically covers this strategy. I had to visit my local SSA office THREE times before finding someone who understood what I was asking for. The first two representatives insisted it wasn't possible and tried to make me file for both benefits at once. Having the official documentation helped immensely when I finally spoke with a supervisor. Also, make sure your wife emphasizes she wants to "restrict the scope of her application to auxiliary benefits only" - that's the exact language from the POMS that triggers the right process in their system. The strategy really does work exactly as described here, but you may need to be persistent and well-prepared when dealing with SSA staff who aren't familiar with it. Good luck!
Just want to add something that might be helpful - when you do apply for survivor benefits, consider scheduling an appointment at your local SSA office rather than doing it over the phone. I've found that in-person visits tend to result in fewer miscommunications and you can walk away with copies of everything you submit. Also, if your ex-husband's benefit amount changes between now and when you might need to claim (due to cost of living adjustments or if he continues working), your potential survivor benefit would be based on his benefit amount at the time of his death, not what it is currently. So that $2,800 estimate could actually be higher by the time you'd need to claim it. Keep all your divorce paperwork in an easily accessible place - you'll need the divorce decree that shows the marriage duration when you apply.
@Rami Samuels This is really solid advice about doing it in person! I hadn t'thought about the benefit potentially increasing over time due to COLA adjustments. That s'actually encouraging to know. I ll'definitely keep all my divorce paperwork organized and easily accessible. The marriage certificate and divorce decree are already in my important documents folder, but I should probably make copies too. Thanks for the practical tips - it s'helpful to hear from people who have actually been through this process!
I wanted to add one more important point that hasn't been mentioned yet - if you do end up receiving survivor benefits based on your ex-husband's record, you should be aware that these benefits could potentially be subject to income taxes depending on your total income. Since survivor benefits are generally treated the same as retirement benefits for tax purposes, if your combined income (including any other sources) exceeds certain thresholds, a portion of your Social Security benefits may become taxable. This is something to keep in mind for tax planning purposes. Also, if you're currently receiving any state benefits or assistance programs, switching from SSDI to survivor benefits might affect your eligibility for those programs, so it's worth checking with those agencies as well. The good news is that survivor benefits are generally more stable than SSDI since they don't require ongoing disability reviews in the same way.
@Zara Mirza That s'a really important point about the tax implications that I hadn t'considered! I m'currently just barely above the poverty line with my SSDI, so I haven t'had to worry much about taxes on my benefits. But if I were to receive the higher survivor benefit amount, that could definitely push me into taxable territory. Do you happen to know what those income thresholds are? I should probably start planning for that possibility now rather than being surprised later. And thanks for mentioning the state benefits angle too - I do receive some assistance that I d'hate to lose unexpectedly.
Mason Kaczka
I just wanted to update everyone! I called SSA this morning and after being on hold for about 2 hours, I finally spoke with someone who confirmed I'm eligible for survivor benefits! My ex-husband's benefit was significantly higher than mine, so even with the reduction for taking it early, I'll get about $850 more per month than I'm currently receiving. They're processing my application now and said it will take 4-6 weeks. I'm also considering the withdrawal option to maximize my benefits long-term, but I need to think about whether I can afford to repay the three payments I've received so far. Thank you all SO MUCH for your help! I would never have known about this without this community.
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Dominic Green
•That's WONDERFUL news!!! So happy for you! $850 more per month is life-changing money. Congrats!!
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Sophia Russo
•Great news! If you do consider the withdrawal strategy, remember that while it means repaying some benefits now, it could mean tens of thousands more over your lifetime. The math usually strongly favors delaying your own retirement benefit to age 70 if you can afford to do so. Glad you got the information you needed!
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Miguel Ortiz
Congratulations Mason! This is such a great outcome and really shows how important it is for people to know about these benefits. Your story is going to help so many others who might be in similar situations. Just wanted to add for anyone else reading this thread - if you're considering the withdrawal option like Mason mentioned, you might want to run the numbers with a financial advisor or use one of the Social Security calculators online. The decision really depends on your individual financial situation, health, and life expectancy expectations. Also, for future reference for others: if you're approaching 60 and were married 10+ years to someone who has passed away, it's worth talking to SSA about survivor benefits BEFORE you file for your own retirement. The timing strategy can make a huge difference in lifetime benefits. Thanks for sharing your update - it's so encouraging to see someone get the benefits they're entitled to!
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Anastasia Smirnova
•This whole thread has been so educational! As someone new to this community, I'm amazed at how helpful everyone has been. Mason, congratulations on getting this sorted out - $850 extra per month is incredible! I'm not in this situation yet, but my parents are getting close to retirement age and I had no idea about these divorced spouse survivor benefits. My mom was married to my biological father for 12 years before they divorced, and she's been with my stepdad for 20 years now. I'm wondering if she should look into this when the time comes, especially since my biological father made significantly more money. Does anyone know if remarriage affects eligibility? I think I read somewhere that it does, but I'm not sure about the details.
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