Thank you everyone for all the helpful responses! I understand now that my husband had it completely backwards. He cannot claim on my record, especially since my benefit would be lower than his. I'm the one who could potentially receive spousal benefits. I think I'll wait until I'm closer to my full retirement age before filing since I'm still working part-time anyway. That way I can avoid both the early filing reduction and the earnings limit penalty. I appreciate all the clear explanations!

You're making a smart decision waiting until closer to your FRA! Just one additional thing to consider - since you're still working part-time, make sure to factor in the earnings test if you do decide to file before your full retirement age. In 2024, if you're under FRA, Social Security reduces your benefits by $1 for every $2 you earn above $22,320 annually. However, those "lost" benefits aren't truly lost - they get added back to your monthly benefit amount once you reach FRA through a recalculation. Also, don't forget that continuing to work might actually increase your future Social Security benefit if your current earnings are higher than some of your earlier years, since SSA uses your highest 35 years of earnings to calculate your benefit. Good luck with your planning!

I'm a case worker who's dealt with these SSI/DAC interaction issues many times. Based on your description, SSA definitely made an error by not including the allocation for your 12-year-old son. Here's what you should do immediately: 1. Call SSA and request an "informal conference" - this is faster than a formal reconsideration 2. Specifically state: "You failed to apply the ineligible child allocation for my 12-year-old son in the deeming calculation" 3. Have your son's birth certificate and proof he lives with you ready 4. Request continuation of benefits during the review (you have 10 days from the notice date) The math should be: Your DAC ($1640) - $20 general exclusion - $522 ineligible child allocation = $1098 subject to deeming, not the full amount they're currently using. This error could be costing you around $185/month in your daughter's SSI. Don't let them brush you off - this is a clear calculation error on their part.

This is such a common mistake by SSA! I went through the exact same thing when I started receiving DAC benefits and my younger sister was on SSI. They completely overlooked the allocation for my non-disabled brother who was living with us. Here's what worked for me: I called the 1-800 number first thing in the morning (around 8 AM seems to be the best time to get through) and immediately asked to speak with someone about a "deeming calculation error involving missing ineligible child allocation." Using those specific terms seemed to help get me transferred to someone who actually understood the issue instead of getting bounced around. The rep was able to see the error right away once I explained it, and they corrected it within about 2 weeks. I also got back pay for the months they had calculated it wrong. Make sure you emphasize that this is a calculation error, not a change in circumstances - that helped move things along faster in my case. Don't give up if the first person you talk to doesn't understand. I had to call back twice before I got someone who knew what they were talking about. Good luck!

I work as a paralegal at a law firm that handles Social Security cases, and I want to emphasize a few key points that might help you: 1. You are absolutely eligible for survivor benefits since you were married to your husband when he passed away and had been for 4 years (well over the 9-month requirement). 2. When you apply, make sure to ask SSA to calculate what your benefit would be if you waited until your full retirement age vs. taking it at 60. The reduction is significant - about 28.5% less at age 60. 3. If you're still working, be aware of the earnings limit. For 2024, if you're under full retirement age, you can earn up to $22,320 without affecting your benefits. Every $2 you earn over that limit reduces your benefits by $1. 4. Consider consulting with a Social Security attorney for a free consultation if your situation feels complex. Many of us offer free initial consultations for survivor benefits cases. The good news is your case seems straightforward - you were married at the time of death for more than 9 months, which is all that matters for survivor benefits eligibility.

I'm so sorry for your loss, Sean. As someone who went through a similar process last year, I wanted to share what I learned. You're definitely eligible for survivor benefits! Since you were married to your husband when he passed away (regardless of the previous divorce), the only requirement is that you were married for at least 9 months at the time of his death - which you were for 4 years during your second marriage. One thing that really helped me was creating a timeline of all my important dates and gathering every document beforehand. For your situation, I'd recommend bringing: - Both marriage certificates (from your first and second marriages to him) - Your divorce decree from the 2-year separation period - His death certificate - Both of your Social Security cards - Your birth certificate Also, don't feel pressured to start benefits immediately at 60 if you don't need them right away. The reduction for taking them early is substantial, and if you're still working, the earnings test could affect your payments. Take time to understand all your options first. Wishing you the best during this difficult time.

btw if u really need the info before the 1099 comes u can calculate it yourself... just look at the deposit amount in his bank account, that's what my tax guy told us to do last year when we were in the same boat

Welcome to the SSA community! I went through this exact situation with my father-in-law two years ago. Since your husband's first payment was in December 2024, he will definitely receive a SSA-1099 for that tax year. The key things to remember: 1) New beneficiaries are often processed in the final batch, so expect it by mid-February at the latest, 2) It will show up under "Replacement Documents" in his mySocialSecurity portal once available, and 3) The SSA will also mail a paper copy to your address on file. Don't stress too much - this delay is completely normal for December starters. The amount on the 1099 should match exactly what was deposited into his account that month.

i wonder if her retirement $ will be affected by the Windfall Elimination Provision? my cousin had problems with that when he switched from government pension to social security

Update: Thank you everyone for all the great advice! I talked to my sister and we're going to start gathering her documents now and plan to apply in March (3 months before her birthday as suggested). I've also helped her create an account on my.ssa.gov to check her earnings record. According to the estimate, her retirement benefit would be about $1,120/month, which is definitely better than her current SSI payment! We're also going to check on how this might affect her Medicaid coverage since that's really important for her health needs.