Social Security Administration

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Ask the community...

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My sister in law tried to claim on her exs record and SSA sais she couldnt because she didnt have her marriage certificate anymore after all those years. Make sure you have all your paperwork before you go!!

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Good point about documentation. If you don't have your marriage certificate, you can obtain a certified copy from the vital records office in the county/state where you were married. For the divorce decree, contact the court that handled your divorce. SSA might be able to find these records in their system, but having them yourself speeds up the process considerably.

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I'm so sorry for your loss. This is a lot to navigate during what must already be a difficult time. From what everyone has shared here, it sounds like you definitely qualify for survivor benefits, but the timing strategy seems really important given your work situation. One thing I haven't seen mentioned yet - have you considered contacting a Social Security claiming specialist or financial advisor who specializes in SS benefits? Given the complexity of your situation (working full-time, good income, multiple benefit options), it might be worth paying for a professional analysis to make sure you're maximizing your lifetime benefits. Some charge a flat fee for a comprehensive review and can model different scenarios for you. Also, when you do contact SSA, ask them to mail you a written estimate of your potential benefits under different claiming scenarios. Having it in writing helps avoid the confusion others have mentioned about getting different answers from different representatives. Wishing you the best as you work through this process!

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Just wanted to add something important that hasn't been mentioned yet - make sure to ask SSA about the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP) when you speak with them. If you have any government pension or worked for an employer that didn't pay into Social Security, these rules could reduce your spousal or survivor benefits. Also, since you're 61 and on SSDI, remember that your disability benefits will automatically convert to retirement benefits at your full retirement age (probably 67 for you), but the amount should stay the same. This won't affect your current situation, but it's good to know for planning purposes. Good luck getting through to SSA - I hope you get clear answers about all your options!

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Thanks for bringing up GPO and WEP - those are really important considerations that can catch people off guard! I worked briefly for a state government early in my career and didn't pay into Social Security for those years, so I'll definitely need to ask about WEP when I call. I hadn't even thought about how that might affect my potential benefits from either husband's record. This is getting more complex by the minute, but I appreciate everyone sharing their knowledge and experiences!

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Welcome to the community! Your situation is definitely complex, but you're asking all the right questions. Since you're dealing with multiple potential benefit sources (SSDI, divorced spouse benefits, and survivor benefits), I'd strongly recommend documenting everything before you call SSA. Make a list with: 1) Your first husband's date of death and your marriage dates, 2) Your second husband's full retirement age and when he started collecting, 3) Your divorce date from second marriage, 4) Your current SSDI amount, and 5) Any work history with non-Social Security covered employment (like government jobs). Having this information ready will help the SSA representative run accurate calculations for all your potential benefits. The fact that your second marriage lasted 12 years definitely works in your favor for divorced spouse benefits, and being over 60 when your second marriage ended means you can potentially claim survivor benefits from your first husband too. One more tip - if the first SSA rep you speak with seems unsure about your complex situation, don't hesitate to ask to speak with a supervisor or call back for a second opinion. Your case involves multiple rules that not every rep may be familiar with.

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Did anyone mention that theres income limits if shes under full retirement age? My friend got widows benefits and she had to stay under some earnings limit or they took back money. Does that apply to disability too?

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That's a good point about earnings limits, but it works differently when someone is on SSDI. Since she's already on disability, she's subject to the SSDI earnings limits (SGA amounts - $1550/month in 2025), not the separate retirement earnings test. As long as she remains disabled and doesn't earn above the SGA amount, she won't have issues with the widow's benefits earnings test.

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I want to add something that might help with timing - if your sister's ex-husband died 5-6 years ago and she's been eligible this whole time, she could potentially receive retroactive benefits. However, there are strict limits on how far back they'll pay. For survivor benefits, SSA typically only pays retroactively for up to 6 months from the application date, BUT there's an exception if the person was disabled and didn't know they were eligible. In some cases, they can go back up to 12 months. Given that she's been on SSDI this whole time and meets all the requirements, this could mean a significant lump sum payment in addition to ongoing monthly benefits. The sooner she applies, the better - every month of delay is potentially money lost. Also, make sure she emphasizes that she's currently receiving SSDI when she contacts them. This immediately signals to the representative that she falls under the special disabled widow provisions rather than the standard age 60+ survivor rules.

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This is really helpful information about the retroactive benefits! I didn't realize there could be exceptions for disabled people who weren't aware of their eligibility. That potential lump sum could make a huge difference for my sister. I'm definitely going to make sure she emphasizes her SSDI status when she contacts them. Thank you for pointing out that timing detail - it sounds like we need to move fast on this application.

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my cousin tried to track all this and still got messed up. ss is so confusing!!

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As someone new to navigating Social Security benefits, I'm finding this thread incredibly helpful! I'm in a similar situation with irregular freelance income and was completely unaware of the monthly vs annual earnings test distinction. The suggestion about waiting until January to start benefits to avoid the monthly test complications is brilliant - that seems like it could save a lot of headaches for people with unpredictable income patterns. One question I have: does the timing of when you "perform the service" for self-employment income apply to all types of irregular work, or just entertainment industry jobs? I do occasional consulting work and sometimes there's a gap between when I complete a project and when I get paid. Want to make sure I understand how to properly track this for SSA purposes. Thanks to everyone sharing their experiences - it's really eye-opening to see how complex these rules can be in practice!

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Update: I finally managed to speak with someone at SSA! You were all right about the GPO - it will reduce my survivor benefit by about $1,230 (2/3 of my pension). But even with that reduction, the survivor benefit would still be higher than my own reduced retirement benefit at 62. They recommended I take the reduced survivor benefit now and then switch to my own retirement benefit at 70, when it will have grown to its maximum amount. Apparently, this will give me the highest lifetime payout given my specific circumstances. Thank you all for your help and guidance through this confusing process!

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That's great news that you got through to SSA! The strategy they recommended (reduced survivor benefits now, switch to your own at 70) is often the optimal approach for someone in your situation with a pension. I'm glad you got clarity on this important decision.

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So glad you were able to reach someone and get a clear answer! It makes such a difference when you can talk to someone who can look at your actual numbers and situation.

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Congratulations on getting through to SSA and getting a clear answer! Your situation really highlights how complex Social Security can be, especially when you have multiple income sources like a pension. For others reading this thread who might be in similar situations, Christian's experience shows why it's so important to get personalized advice from SSA rather than relying on general rules. The GPO calculation can dramatically change which strategy makes the most sense, and every person's situation is unique. One thing I'd add is that you might want to document the advice you received and perhaps get it in writing if possible. Sometimes different SSA representatives can give conflicting information, so having a record of what you were told and when can be helpful if any questions arise later. Best of luck with your decision, and again, I'm sorry for your loss. It's never easy dealing with these financial decisions during such a difficult time.

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