wait i'm confused...if i'm getting ssi now and my husband retires next year do i get a higher benefit? or do i have to pick one or the other?? we've been married 23 years

I'm so sorry you're dealing with this confusion! This is actually one of the most common misunderstandings about Social Security benefits. What you're experiencing is called "dual entitlement" - you can't receive both your own benefit AND the full spousal benefit stacked on top of each other. Here's what's happening: SSA takes the higher of either (1) your own retirement benefit OR (2) 50% of your ex-husband's Primary Insurance Amount. If 50% of his PIA is higher than your own benefit, you get your own benefit PLUS just enough spousal benefit to bring you up to that 50% level. So if your own benefit is $1,288 and 50% of his PIA is $1,500, you'd only get $212 more per month ($1,500 total), not $1,500 on top of your $1,288. The good news is your calculation is probably correct - it's just that the "50% spousal benefit" isn't what most people think it means. Definitely call to verify they used the right ex-spouse's record though, just to be sure!

Great question! I work as a benefits counselor and see this situation fairly often. You're absolutely right to plan ahead. The good news is that you DO have options when the time comes. Social Security will indeed pay you the highest survivor benefit you qualify for, whether that's from your ex-husband (10+ year marriage) or current husband. A few additional tips: 1) Keep good records of both marriages and your divorce decree, 2) Consider creating a my Social Security account now to track your own earnings record - it might be higher than you think with all those self-employment years, 3) Remember that remarrying after age 60 doesn't affect your ability to claim ex-spouse survivor benefits. The timing of when to claim is crucial too - survivor benefits can start as early as 60 but are reduced until your Full Retirement Age (likely 67 for you). Sometimes it makes sense to claim a reduced survivor benefit first, then switch to your own higher retirement benefit later if it grows to exceed the survivor amount. Definitely worth getting a personalized estimate from SSA when you're closer to 60!

As someone who's been through the SSA maze myself, I can confirm what others have said - you absolutely CAN choose the higher survivor benefit between your ex-husband and current husband when the time comes. The 10+ year marriage rule for your first marriage is key here, and since you were married almost 12 years, you're covered. One thing I'd add that hasn't been mentioned much is to keep detailed records of BOTH spouses' work histories if possible. When I applied, having information about approximate earnings helped the SSA representative give me a better estimate during my appointment. Also, don't forget that if you're still working when you start collecting survivor benefits before your Full Retirement Age, there are earnings limits that could reduce your benefits temporarily. The strategy that @Zara Khan mentioned about potentially taking a reduced survivor benefit first and switching later is really smart - it's called "claim and switch" and can maximize your lifetime benefits in some situations. Definitely worth exploring with a benefits counselor when you get closer to 60!

Thanks everyone for the helpful advice! Sounds like 3 months before is the sweet spot. Going to start gathering my documents now so I'm ready to apply in February. One last question - is it better to apply online or should I make an appointment at my local office?

I just went through this process myself last year! Applied exactly 3 months before my FRA birthday and everything went smoothly. One tip that saved me time - create your my Social Security account online first if you haven't already. You can review your earnings history and get an estimate of your benefits before applying. Also, certified copies of documents work just fine - you don't need originals. The online application took me about 30 minutes and I was able to save it partway through when I realized I needed to grab my bank routing number. Got my first payment right on schedule!

One last thing to be aware of: Even though there's no penalty for working at FRA, you should still report any significant changes in your earning situation to SSA. This helps avoid any potential misunderstandings or incorrect benefit calculations. You can report wages through your my Social Security account online or by calling them directly.

Just wanted to add something that might help with your planning - since you mentioned wanting to be extra careful about the earnings limit before your FRA month. You can actually request that SSA withhold taxes from your Social Security benefits if you're concerned about the tax implications of having both work income and SS benefits. This can help avoid a big tax bill at the end of the year. You can set this up through your my Social Security account online or by submitting Form W-4V. Given that you'll have both salary and SS income for part of the year, it might be worth considering to make tax time easier!

I'm a retired federal employee (FERS) who's been following this closely. One important thing to note is that while SSA says they'll automatically recalculate benefits for those previously denied, I'd strongly recommend keeping documentation of your wife's original application and denial. Also, since she has 34 credits, she's actually pretty close to the 40 needed for her own benefit. If she's still under 70, it might be worth having her work a part-time job for a year or two to earn those final 6 credits - that could give her both her own SS benefit AND spousal benefits (she'd get the higher of the two). Just a thought to maximize your household's SS income! The timing couldn't be better for folks like your wife. After decades of being penalized for public service, this feels like justice finally being served.

This is such great news for so many families! As someone who works in benefits administration, I wanted to add a few practical tips for navigating this process: 1. **Document everything** - Keep copies of any previous applications, denials, or correspondence with SSA. This will be helpful if there are any delays or complications. 2. **Be patient with SSA's systems** - They're likely updating their computer systems to handle the GPO/WEP repeal, which can cause temporary glitches or delays in processing. 3. **Consider the timing** - If your wife is under 70, she might want to think about whether to claim spousal benefits immediately or wait, depending on your overall financial situation. The fact that you've been married 42 years and she has substantial work history makes this such a clear case of where GPO was unfairly penalizing public servants. I'm glad Congress finally acted on this - it's been a long time coming! Your wife definitely deserves to receive benefits based on your record after all these years of marriage and her own contributions to Social Security through her part-time work. Keep us posted on how the process goes - your experience will help others in similar situations!