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My moms friend had a HUGE issue when her husband died because they were married in Mexico and SSA didn't accept their marriage license!!! She had to get all kinds of extra documents and it took like 6 months to get approved. Make sure you have OFFICIAL versions of all your documents!!!
One more important point: If your husband is a veteran, check with the VA as well. There may be additional survivor benefits available through them that are separate from Social Security. Also, once you're on survivor benefits, you'll still get the annual Cost of Living Adjustments (COLA) that Social Security provides. And if you're not already enrolled in Medicare, that's something else to consider as you approach 65.
my friend says if u were married less than 10 years u get less. but i think thats for divorce not death???
Your friend is confusing different benefits. The 10-year marriage requirement is for divorced spouse benefits (both regular and survivor). For widow/widower benefits after a death, there's only a 9-month marriage requirement in most cases. For the original poster: Since you were married for 15 months before your husband passed away, you satisfy the duration requirement for full widow benefits at your FRA.
I called SSA again this morning and spoke with a different representative. They confirmed what most of you said - I'm eligible for 100% of my husband's benefit at my FRA regardless of what his ex-wife may receive. They explained the first representative confused spousal and survivor benefits rules. They also confirmed our 15-month marriage satisfies the 9-month requirement. I'll be able to choose between my own retirement benefit or the survivor benefit, whichever is higher. I'm so relieved and grateful for everyone's help here! It's frustrating to get incorrect information that caused me unnecessary worry.
Glad you got it sorted out! One more tip: when you approach your FRA, consider whether you want to: 1. Take your own retirement benefit now and switch to the survivor benefit at your FRA OR 2. Take the survivor benefit now and switch to your own retirement benefit later (up to age 70) if your own benefit would grow to be larger Unlike regular retirement benefits where you must take both benefits at once, with survivor benefits you can switch between your own and the survivor benefit to maximize your lifetime payout. This is one of the few remaining "claiming strategies" still available after the 2015 law changes.
Does anyone know if the kids benefits are affected by whether the mom (original poster) is working or not??? When my kids got survivor benefits they told me my income didn't matter since I was the surviving parent not the deceased worker. But with dependent benefits I thought there were rules about income limits?? This is so CONFUSING!!!
You're right that it's confusing! For children receiving survivor benefits, the surviving parent's income doesn't affect the children's benefits. This is different from spousal benefits where earnings limits apply. For dependent benefits on a living parent, the child's own income might affect eligibility if they earn too much, but not the other parent's income. Since these children are converting from dependent to survivor benefits, the mother's income won't impact their eligibility or benefit amount.
Since your question hasn't been fully answered yet: Yes, your children will receive higher survivor benefits than they were getting as dependents. What's important to understand is the Family Maximum Benefit (FMB) calculation will need to be redone. With two teenage children, they'll likely each receive 75% of your ex-husband's PIA (Primary Insurance Amount), but if that exceeds the family maximum, their benefits will be proportionally reduced. You'll only know the exact amounts after SSA processes the claim. One more critical point - these survivor benefits are payable through age 18, or 19 if still in high school. This is something to plan for as the benefits will stop when they graduate or turn 19, whichever comes first.
Try going to this direct link: https://secure.ssa.gov/iClaim/rib. I had to restart my application this way and it worked. The regular MySocialSecurity portal sometimes glitches on the final steps. When you get to the signature part, it's actually just a checkbox saying you agree everything is true - not an actual signature line like you might expect.
I tried the direct link that someone suggested above and also cleared my cache/cookies. I was able to get back to my application and found the checkbox for electronic signature that I somehow missed before! Application is officially submitted now. For your dad, make sure he uses a newer computer and modern browser - that seemed to help in my case.
i think ur talking about the windfall thing. my uncle had same issue with his police pension and his SS was cut by like half!! totaly unfair sytem they cut ur benefits even tho u worked and earned them
That's correct, but there's an important technical reason for the WEP. Social Security benefits have a weighted formula that replaces a higher percentage of income for lower-wage workers. Since your earnings record doesn't show your government job income (because you didn't pay SS taxes on it), the system would incorrectly treat you as a low-wage worker and give you artificially inflated benefits without the WEP adjustment.
One more important point - when you apply, make sure you tell SSA about your pension right away. If you don't and they find out later (which they will), they'll determine you've been overpaid and demand the money back, sometimes years later with interest. Also, if your government employer was a state that made a Section 218 Agreement with SSA (allowing government employees to be covered by Social Security), then WEP might not apply. Worth checking if California had such an agreement for teachers during your employment years.
have u filed ur SS application yet? if not u should do that first then deal with irs after. u cant loose benefits u havent started getting yet
Update: I used that Claimyr service someone mentioned and actually got through to the IRS yesterday! The agent was surprisingly helpful and set me up on a minimal payment plan ($75/month) based on my expected income. She said as long as I keep making the payments, they won't levy my Social Security at all. Such a relief! Now I can go ahead and file for my benefits without worrying. Thanks everyone for your help!
One important thing to remember about applying in March 2025 - this shouldn't affect your Medicare enrollment if you're already 65. You should have enrolled in Medicare during your Initial Enrollment Period (which starts 3 months before your 65th birthday), regardless of when you claim Social Security retirement benefits. Many people confuse these two processes, but they're separate. If you haven't enrolled in Medicare yet and you're already 65, you should do that immediately to avoid late enrollment penalties that can permanently increase your premiums.
btw when you do file make sure you print or save EVERYTHING. take screenshots of confirmation screens etc. i didnt do this and then had a whole issue where they said they never got part of my application even though i completed it all at once. had zero proof so had to redo it. big waste of time
btw make sure ur checking ur my social security account online. sometimes u see the changes there before u get letter in mail.
Does anyone know if they do these AERO adjustments for SSDI too or just retirement? My son is on disability and had some earnings in 2023 (under SGA limits).
my daughter got survivors benefits when she was 14 after her dad died they were really helpful it paid for most of her expenses until she graduated make sure you go in person and bring all the documents they ask for or they'll make you come back again
Thanks everyone for the helpful advice. I used the Claimyr service mentioned above and actually got through to schedule an appointment for next week! I've gathered all the documents mentioned and will be setting up a separate account for tracking her benefit funds. One last question - will these benefits affect her eligibility for college financial aid? She's planning to apply to colleges next year.
Good news on getting an appointment! Regarding financial aid, Social Security benefits are considered income for FAFSA purposes, so yes, they will be counted in financial aid calculations. However, this income is reported on the FAFSA and is treated differently than other assets. Make sure to work with her high school counselor next year when filling out financial aid forms, as there are sometimes special considerations for students receiving survivor benefits.
Jenna Sloan
The ENTIRE Social Security system is designed to CONFUSE people and make them miss out on benefits they've EARNED!!! They never clearly explain ANYTHING. And good luck trying to get an appointment at your local office. My mother waited THREE MONTHS for an appointment only to be told she could have done everything online!!!! And the phone system is a JOKE.
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Christian Burns
•ya its frustrating. took me 4 calls to get someone on the phone last time i had a question
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Evelyn Kelly
Thank you all for the helpful responses! I'll go ahead and apply in October for my January start date. It's a relief to know that SSA will automatically recalculate and make adjustments once my 2024 earnings are processed. I appreciate everyone sharing their personal experiences too - it makes navigating this whole process much less stressful!
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