Social Security Administration

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I'm in a somewhat similar situation with my nephew, though not quite as complex. One thing I learned from my experience is that you should also check if your state has any additional support programs for kinship caregivers. Some states offer financial assistance or services specifically for grandparents raising grandchildren, separate from Social Security benefits. Also, when you do talk to SSA (whether through Claimyr or other means), ask specifically about the "dependency" requirement and what documentation they'll need to prove the children were dependent on your household before your husband's death. Since you've had custody for 8 years and your husband was alive for 5 of those years, you should have tax returns showing them as dependents during that time, which is key evidence. The potential monthly benefit for both kids could really make a difference in your situation. Even if it's a hassle now, it could provide financial stability through their remaining school years.

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This is really helpful information! I hadn't thought about state kinship caregiver programs - that's definitely worth looking into. And you're absolutely right about the tax returns being key evidence. I've been claiming both kids as dependents since I got custody, and my husband was definitely contributing to their support before he passed. I think I have tax returns going back to when we first took them in that would show this dependency. Thank you for mentioning the specific documentation about dependency - that gives me a clearer picture of what SSA will be looking for.

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Based on what you've shared, I think you have a strong case for pursuing adoption and getting survivor benefits for your grandchildren. The fact that you've had legal custody for 8 years and your husband was supporting them for 5 of those years before his death is crucial - that establishes the dependency requirement SSA looks for. A few additional thoughts to consider: 1. **Timeline matters**: Since your oldest is 15, you'll want to move quickly. Benefits stop at 18 (or 19 if still in high school), so every month counts. 2. **Retroactive benefits**: Once approved, SSA can pay benefits retroactively to when your husband died if you can prove the children qualified then. This could mean a significant lump sum payment. 3. **Family maximum**: With your survivor benefit of $1,375 and potentially two children's benefits, you'll likely hit the family maximum cap. But even with the cap, the total household benefit should increase substantially. 4. **Documentation strategy**: Start gathering everything now - tax returns showing the kids as dependents during your husband's lifetime, medical records showing you as guardian, school enrollment records, any court documents. The stronger your paper trail, the smoother the process. Given your husband's construction work history and potential PIA of $2,400, this is definitely worth pursuing despite the paperwork hassle. Contact legal aid first thing tomorrow - many have experience with exactly this type of case.

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they usually add it automatic when your husband files but sometimes they mess up. make sure u call them right after he files to check.

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This is good advice. While SSA should automatically calculate and add any spousal benefit you're entitled to when your husband files, it's always wise to follow up. When he files, he should mention that his spouse (you) is already receiving benefits so they can link the records properly. Then follow up within 30 days to confirm they processed everything correctly.

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I'm in a very similar situation and this thread has been incredibly helpful! I'm 65 and took my benefits early last year, and my husband is 66 and still working. He's planning to wait until his FRA next year to file. One thing I learned from my local SSA office (after finally getting an appointment) is that it's really important to keep good records of both your earnings histories and any correspondence with SSA. They told me that sometimes the spousal benefit calculations can get delayed if there are discrepancies in their system. Also, for what it's worth, I used the SSA's online benefit estimator tool on their website (ssa.gov/benefits/retirement/estimator.html) to get a rough idea of what our combined benefits might look like under different scenarios. It's not perfect but it helped me understand the numbers better than trying to do the math myself. Thanks to everyone who shared their experiences - it's so much more helpful to hear from people who've actually been through this process!

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To answer your follow-up question about resources, SSA Publication No. 05-10084 "Benefits For Your Divorced Spouse" is very helpful. You can find it on the SSA website. Also, regarding documents, yes - you'll need to provide marriage certificates and divorce decrees for both marriages to prove they each lasted at least 10 years. If you don't have them, you can request them from the county courthouse where the divorce was finalized. When you're comparing benefits, remember these key points: 1. You must be at least 62 to claim ex-spouse benefits 2. You'll get the higher of: your own benefit OR 50% of either ex-spouse's PIA 3. If you claim before your FRA, your benefit amount will be permanently reduced 4. You cannot receive ex-spouse benefits if you're currently married (unless your current marriage occurred after age 60) I recommend creating a my Social Security account online if you haven't already. This will show you your estimated benefit based on your own work record, which is crucial for comparing your options.

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Thank you for the resource recommendation! I'll definitely look up that publication. I do have a my Social Security account, but it only shows my own benefit estimates. I guess I'll need to contact SSA directly to find out what 50% of each ex's PIA would be. I appreciate all the help from everyone!

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I went through this exact same situation a few years ago! One thing that really helped me was requesting a "benefit estimate" from SSA for each ex-spouse's record. You can do this by calling or visiting a local office with both of their Social Security numbers and your divorce paperwork. They'll give you a written estimate showing what 50% of each ex's PIA would be, which makes it much easier to compare. Just be prepared - it can take a few weeks to get the estimates back. Also, don't forget that if you're born in 1954 or later, your Full Retirement Age is 66+ (not 65), so make sure you know your exact FRA when planning your claiming strategy. The SSA website has a chart that shows FRA by birth year. One last tip: if you end up choosing to claim on an ex-spouse's record, you can still delay your own retirement benefit until age 70 to earn delayed retirement credits (8% per year). Then at 70, you could potentially switch to your own higher benefit if it ends up being more than the ex-spouse benefit. It's like having a backup plan!

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One more thing to add - make sure you understand exactly how much you'll get after GPO. The calculation is: 50% of your husband's Primary Insurance Amount MINUS (2/3 × your teacher's pension). So if your husband's PIA is $2,300, half of that is $1,150. Then if your pension is $1,875, two-thirds of that is $1,250. So $1,150 - $1,250 would mean zero benefit. But if his PIA is higher than what he receives, you might get something. The SSA can calculate this precisely for your situation.

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This is really helpful - I think I've been calculating based on what he currently receives rather than his PIA. I'll need to find out what his PIA actually is. Does that include the COLAs over the years or is it the original amount he was entitled to at his FRA?

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His PIA would include all the COLAs since he filed. It's essentially what he would receive at his Full Retirement Age in today's dollars. If he took benefits early and gets less than his PIA, you could still qualify for more than you expected since spousal benefits are based on the PIA, not his reduced amount. Worth checking!

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Just wanted to share my experience as someone who went through this process recently. I was a school librarian for 35 years and applied for spousal benefits last fall at age 78. The good news is that yes, you can absolutely get retroactive benefits for up to 6 months if you were eligible during that period, which you definitely were. When I applied, I specifically asked for retroactive benefits back to my eligibility date, and they approved it. The SSA worker was very clear that I needed to request it - it's not automatic. After the GPO reduction (2/3 of my pension), I ended up with about $180/month, which was more than I expected because my husband had delayed his benefits past FRA so his PIA was higher. My advice: apply in person if possible, bring all your documents, and don't let them discourage you about the GPO until they run the actual numbers. Sometimes the calculation works out better than you think, especially if your husband's PIA is higher than his current benefit amount. Good luck!

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Pro tip: if you can't get through online, try calling your local SSA office instead of the main number. Sometimes they can help you over the phone or set up an in-person appointment if needed. Google 'SSA field office locator' to find the closest one to you.

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Oh, that's a great idea! I didn't even think about trying the local office. Thanks for the tip!

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I had this exact same issue a few months ago! It turned out my account had some kind of verification flag that was causing the loop. What finally worked for me was calling the SSA technical support line (1-800-772-1213) and specifically asking to speak to someone in the "online services" department. They were able to reset something on their end that fixed the login issue immediately. The whole call took about 30 minutes once I got through. Definitely mention that you've already tried different browsers and clearing cache - that shows you've done the basic troubleshooting steps.

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