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my sister thot she could get benefits from ALL 3 of her exhusbands lol!!! She was so mad when SSA said pick 1!!!
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.
Everyone's talking about GPO but what about WEP??? My brother-in-law had both government pension and SS and lost almost ALL his SS because of Windfall Elimination Provision! It's so unfair how they calculate these things! They're basically penalizing people TWICE for working government jobs!
WEP and GPO are two different provisions. WEP affects your own Social Security benefits if you have a pension from non-covered work. GPO affects spousal or survivor benefits if you have a government pension. In this case, since the question is about spousal benefits, GPO is the relevant provision. But you're right that people with government pensions often have to deal with both provisions, which can significantly reduce their Social Security benefits.
Thank you all for the helpful information! I made an appointment at our local SSA office for next month to apply for the spousal benefits. I'll make sure we bring documentation for both pensions. I'm glad to hear the VA disability pension doesn't count toward the GPO - that gives us a better chance of getting something extra. I really appreciate everyone's advice!
My cousin's wife's sister got denied because there was some rule about remarrying the same person! Not saying your wrong but definitely double check before you count on getting those benefits. The SSA has all kinds of weird rules they don't tell you about until they deny your claim!!!
There's no SSA rule specifically prohibiting ex-spouse benefits when you've remarried the same person, as long as that first marriage lasted 10+ years. Your cousin's wife's sister was likely denied for a different reason - perhaps she was remarried to someone else at the time of application or her first marriage didn't reach the 10-year mark.
UPDATE: I finally got through to SSA this morning after trying for 3 days! The rep confirmed what most of you said - my first 10-year marriage does qualify me for ex-spouse benefits. She said I'll need to provide both marriage certificates and both divorce decrees when I apply. She also mentioned that since I'll be applying before my full retirement age, my benefit will be reduced permanently - getting about 70% of what I would at full retirement age. But even with the reduction, it's still better than my own benefit would be. Thanks everyone for your help! This forum has been more helpful than trying to navigate the SSA website.
So glad you got confirmation! One more thing to consider - make sure you check if your own retirement benefit might grow to be larger than the ex-spouse benefit over time. Sometimes it makes sense to claim the ex-spouse benefit first, then switch to your own later if it becomes larger (especially if you continue working).
Wait im confused does FRA stand for first retirement age? I thought it was 62? Why are you saying its 67? My mom just turned 62 and she's trying to figure out when to take SS.
FRA stands for Full Retirement Age - that's when you're eligible for 100% of your benefit. It's between 66-67 depending on birth year (67 for anyone born 1960 or later). The earliest you can claim is indeed 62, but that's considered early retirement with a permanent reduction in benefits (about 30% less if your FRA is 67). Your mom can claim at 62, but she'll receive a permanently reduced amount compared to waiting until her FRA.
btw dont forget that even though you're tracking the earnings limit, the SSA still takes taxes out based on your combined income. i forgot about that and had a surprise tax bill lol
My mom went thru this exact thing! If ur not a US citizen and never became one, SSA has what they call "alien non-payment provisions" that might affect u. But since u were married to a US citizen for so long u probably qualify for exemptions. Def check with FBU like others said. Also remember SS survivor benefits can start at 60 but retirement is 62, they're different!
That's a very good point about the alien non-payment provisions. The exemptions typically apply if you: 1) Are a resident of a country with which the US has a Social Security agreement, 2) Were eligible for benefits before leaving the US, or 3) Meet other specific exceptions. And yes - survivor benefits at 60 vs. retirement at 62 is a crucial distinction that many people miss!
Thank you all so much for the helpful information! I feel much more equipped to move forward now. I've made a list of next steps: 1) Contact my ex's sister about his SS records, 2) Make an appointment with the FBU in my country, 3) Look into that Claimyr service if I need to call SSA directly, and 4) Research the tax treaties between my country and the US. I'll start gathering all the documentation mentioned - birth certificate, marriage certificate, divorce decree, and his death certificate. I still have 5 years before I turn 60, but I want to understand what I'll be eligible for so I can plan accordingly. I really appreciate everyone taking the time to share your knowledge and experiences.
My situation was similar to yours last year. I had to call SSA three different times because I got three different answers about my spousal benefit calculation. The first person said I'd get half of my husband's CURRENT payment (wrong), the second said I'd get a supplement based on his FRA amount but calculated it wrong, and the third finally got it right. Make sure you speak with someone who really understands the spousal benefit rules.
One more important thing to consider - if you're 63 now and claiming, you're permanently locking in this reduced benefit amount. If you have other resources, it might be worth waiting until your FRA to get the full spousal benefit amount. The difference between claiming at 63 vs. FRA could mean thousands of dollars over your lifetime, especially if you have longevity in your family.
That's a good point about the permanent reduction. Unfortunately, I need the income now due to some unexpected expenses. I've calculated that I'd need to live past 82 for waiting to be financially advantageous in my specific situation. But you're right that others should definitely consider this factor!
The whole system is DESIGNED to be confusing! I'm convinced they use all these acronyms to discourage people from claiming their full benefits. What's worse is when you finally reach someone on the phone, they talk in this acronym-filled jargon like we're supposed to understand it all already. It's INFURIATING!!!
If you're dealing with specific situations like pensions and WEP/GPO, I'd recommend downloading these specific SSA publications: 1. "Windfall Elimination Provision" (Publication No. 05-10045) 2. "Government Pension Offset" (Publication No. 05-10007) 3. "Military Service and Social Security" (Publication No. 05-10017) 4. "How Work Affects Your Benefits" (Publication No. 05-10069) These go into detail about the specific acronyms and terms related to each situation. The SSA's general glossary is helpful but these publications explain the context better.
To address your initial question about the precise timing: When you submit your application in July 2025, you'll select the month you want benefits to begin (could be July, August, or even retroactive up to 6 months, but not before age 62). Only earnings after your entitlement month count toward the limit. For example, if you choose August 2025 as your start month: - January-July 2025 earnings: Don't count toward limit - August-December 2025 earnings: Count toward a prorated annual limit The 2025 monthly limit is projected to be around $1,860, so your prorated limit for 5 months would be approximately $9,300 as you calculated. Stay under that amount from August-December, and you'll receive full benefits for those months. One more tip: Benefits are paid the month after they're due. So August benefits arrive in September, which sometimes confuses people tracking their earnings.
I really appreciate you confirming my math on the prorated limit! That helps tremendously with my planning. So if I start benefits in August but don't actually receive my first payment until September, I still need to start counting my earnings in August, correct? The timing of the actual payment doesn't affect when the earnings limit starts?
That's exactly right. The earnings limit is based on when you're entitled to benefits, not when you receive the payment. So if your entitlement starts in August, you start counting August earnings even though you won't see that first payment until September. It might help to think of it this way: you're entitled to August benefits that get paid in September. The earnings limit applies to the entitlement month (August), not the payment month. Another tip from my experience - keep a very detailed record of all your earnings after your benefits start. I created a simple spreadsheet showing my weekly pay and running total to make sure I stayed under the limit. It gave me peace of mind knowing exactly where I stood each month.
wait i just realized something does anybody know if she has to pay back the benefits she already got this month??? my cousin said something about how they make u pay back the month someone dies but im not sure if thats true for ex spouses???
Good question. For survivor benefits, SSA pays benefits for the month of death, but not for any months after that until you apply for survivor benefits. Since she was already receiving divorced spouse benefits on his record, she wouldn't need to repay anything - her benefit will simply convert to the higher survivor benefit once she notifies them and applies. The payment rules are different for retirement benefits versus survivor benefits.
Has anyone mentioned that you need to apply within 60 days? My sister waited too long and had issues. And don't forget there's a one-time death benefit of $255 you might be eligible for too!
The 60-day rule isn't accurate for survivor benefits. You can apply for survivor benefits up to 6 months retroactively. However, waiting longer means potentially losing months of higher payments. As for the $255 death benefit, that typically goes to a current spouse or dependent children, not an ex-spouse (even a surviving divorced spouse).
Diego Fernández
I just went through something similar but with retirement benefits. Spent almost 2 weeks trying to reach someone on the phone. When I finally used Claimyr (claimyr.com), I got through in like 15 minutes and the agent explained that there was a mistake in how they interpreted my application. They fixed it right away once I actually talked to someone! Might be worth trying if you need to call them again.
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Emma Johnson
•Thanks for the tip! If I have more issues when I reapply in January, I'll definitely check out that service. The calling process is absolutely maddening - spent hours just trying to get past the busy signals.
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Omar Farouk
so will u get back pay from when u first applied or do u have to start over?
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Ravi Patel
•There's no backpay issue here since the OP is applying for future benefits that wouldn't start until May 2025 when she turns 62. Since that date hasn't occurred yet, there's no backpay to receive. The denied application doesn't affect her protected filing date since the benefits wouldn't have started yet anyway. When she reapplies in January 2025, it will be a completely new application for benefits to begin in May 2025. No backpay involved since it's a prospective benefit.
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