Social Security Administration

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Thank you everyone for the helpful information! Just to make sure I understand correctly: 1. My ex's age doesn't matter for my benefit amount 2. MY age when I file is what matters - 62 for reduced or my FRA for full 50% 3. SSA will give me whichever is higher - my own benefit or the divorced spouse benefit 4. I need to watch out for the earnings limit if I'm working I think I'll wait until my FRA to avoid the reduction, unless my financial situation changes. I appreciate all the advice!

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You've got it exactly right. One final tip - even though you're planning to wait until FRA, I'd recommend contacting SSA about 3 months before you plan to file just to make sure you have all the documentation you'll need. You'll typically need your divorce decree, marriage certificate, and possibly birth certificate.

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One thing I'd add to all this great advice - you might want to request your Social Security Statement online at ssa.gov to see your estimated benefits. It will show you what your own retirement benefit would be at different ages, which helps you compare it to the potential divorced spouse benefit (50% of your ex's PIA). Also, since you mentioned your ex earned substantially more, there's a good chance the divorced spouse benefit will be higher than your own, but it's worth confirming the numbers. The online statement is updated annually and gives you a clearer picture for planning purposes.

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One thing nobody's mentioned yet: if you do qualify for additional benefits based on your ex-wife's record, you might be eligible for some retroactive benefits too. Since you're past your FRA, you could potentially get up to 6 months of back payments for the difference amount if it turns out you've been eligible for a while. Definitely bring this up when you talk to SSA. Every little bit helps with today's prices!

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I had no idea about potential retroactive benefits! That would be great if I qualify. Does anyone know if these conversations with SSA have to happen in person at the office, or can they be done over the phone? My nearest office is about 45 minutes away.

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You can definitely handle this by phone, especially with the proper documentation ready. When you call, be prepared with: 1. Your Social Security number 2. Your ex-wife's Social Security number (if you have it) 3. Your marriage certificate 4. Your divorce decree showing the marriage lasted over 10 years 5. Birth certificates for both of you If you don't have all of these, don't worry. SSA can often look up some of this information in their system. The most important document is your divorce decree proving the 10+ year marriage. If you prefer, you can also schedule an appointment at your local office using the SSA website. Some people find it easier to discuss complex benefit situations in person.

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Thanks for the checklist! I have most of these documents, but I don't have her Social Security number. I hope that won't be a problem. I'll try calling first and see if they can help me over the phone before making the trip to the office.

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Don't worry about not having her SSN - SSA can usually locate her record using her full name and date of birth from your divorce paperwork. They deal with this situation all the time. When you call, just let them know you're inquiring about potential ex-spouse benefits and they'll walk you through what information they need. Good luck!

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Thanks everyone for the helpful information! I'm definitely going to go ahead with applying for spousal benefits after we get married. Just to make sure I understand correctly: I'll continue to receive my current benefit plus the difference to make it up to 50% of his benefit, and there's no waiting period to apply once we're married. I'll make sure to bring our marriage certificate to the SSA office. And I appreciate the reminder about survivor benefits too - that gives me peace of mind for the future.

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You've got it exactly right. And congratulations on your upcoming marriage!

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Just wanted to add one more practical tip - when you go to the SSA office to apply for spousal benefits, I'd recommend calling ahead to make an appointment rather than just walking in. The wait times can be really long without an appointment, especially at the beginning of the month when a lot of people are dealing with benefit issues. Also, bring a copy of your marriage certificate in addition to the original, as they sometimes like to keep a copy for their records. The whole process should be pretty straightforward since you're already in their system receiving your own benefits. Good luck with your wedding and the benefit increase!

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My condolences on your father's passing. I went through this exact situation last year. Just to add some clarity - the funeral home or mortuary can actually help notify Social Security of the death when they file the death certificate, but it's still good to call yourself to make sure it was processed. When I called SSA after my dad passed, they were able to tell me immediately if I was eligible for the death benefit during that same call. Even though the amount is small, every bit helps with funeral expenses. The key documents you'll need are: death certificate, your father's SSN, your own SSN and ID. One thing I learned - if your dad had any automatic payments set up from his bank account for bills, you'll want to contact those companies too since his SSN will show as deceased in their systems eventually. Just thought I'd mention it since you're handling the executor duties.

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I'm so sorry for your loss. Going through all this paperwork while grieving is incredibly difficult. Just wanted to add that when you do call SSA, it might help to have a list of questions ready since the call can take a while to get through. Beyond the death benefit, they can also help you understand if there are any survivor benefits you might be eligible for - sometimes there are benefits available that people don't know about. Also, if your father was a veteran, don't forget to check with the VA about burial benefits too. The funeral home should have mentioned this, but it's easy to overlook when you're dealing with so much at once. Take care of yourself during this process.

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my aunt had this happen she just called and cried to the lady and they reduced what she had to pay back. worth a try lol

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That's not how it works. If her repayment was reduced, it was through an official partial waiver after she demonstrated financial hardship, not because she cried to someone. SSA agents don't have authority to just reduce overpayments based on sympathy.

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I went through a similar situation a few years back with a $22,000 overpayment due to unreported workers' comp benefits. Here's what I learned from the experience: First, you're absolutely right to self-report - this will definitely work in your favor during the waiver process. When I finally got through to SSA (took weeks of trying), they noted in my file that I voluntarily disclosed the issue. Regarding the tax situation, everyone here is correct - SSA won't reduce the overpayment amount because of taxes you paid. However, I want to emphasize how valuable that tax relief can be. In my case, using the "claim of right" provision when I filed taxes the year I made repayments resulted in about $4,800 back from the IRS. It doesn't eliminate the sting, but it helps significantly. My advice for the process: When you call SSA, immediately request Form SSA-632 (waiver request) and ask about setting up a payment plan while the waiver is being reviewed. In my case, they approved a $75/month payment plan which was manageable on my fixed income. The waiver took about 8 months to process (they denied it, but the payment plan stayed in place). One more tip: document EVERYTHING. Take notes during phone calls including the representative's name and badge number. I had to reference these notes multiple times when information got mixed up in my file. Good luck - this process is stressful but manageable if you stay organized and persistent.

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Thank you so much for sharing your detailed experience! It's reassuring to hear from someone who actually went through this process with a similar amount. The fact that you got $4,800 back through the claim of right provision gives me hope that the tax relief could be substantial in my case too. I'm definitely going to take your advice about documenting everything - I hadn't thought about getting badge numbers, but that makes total sense given how often information seems to get lost in their system. Did you end up paying the full amount over time, or were you eventually able to get any portion waived through appeals?

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