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.

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!

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!

That's great to know! I wouldn't want his current family to be affected by my claim. Thank you all for the helpful information. I feel much more prepared now if this situation does arise.

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.

btw you should know they don't make the first SS payment right ON your birthday month. My dad had to wait until the month AFTER he turned 66 to get his first payment. something about how they pay for the previous month or something weird like that

Update: We received the Direct Express card in the mail yesterday! Just as many of you predicted. We're going to use it for now and then go to the local SSA office next month to see about switching to direct deposit once we set up a joint checking account. Thanks everyone for your help and advice!