Don't forget they have that stupid earnings test too if your working!!! If you claim benefits before FRA and earn over the limit (like $21k or something for 2025) they take back $1 for every $2 you earn above that amount. ROBBERY!!!

I went through this exact same situation last year! The key is being very specific about what you're asking for. Don't say you want to "apply" - instead ask for a "benefit estimate comparison" between your own retirement benefit and your potential divorced spouse benefit for planning purposes. When I called, I had to try three different representatives before I found one who understood what I needed. The third one was able to pull up both calculations and give me the monthly amounts at different claiming ages (62, FRA, and 70). This made all the difference in my planning. Also, make sure you have your ex-spouse's full name and Social Security number if you have it - this speeds up the process significantly. If you don't have their SSN, your marriage certificate with both names should be sufficient for them to locate the record. One more tip: if you get pushback, mention that you're trying to comply with the "deemed filing" rules and need to understand your options before making an irrevocable decision. This seems to get their attention and they take it more seriously.

Update us on what happens! I'm curious how SSA handles these identity discrepancy cases. Good luck!

I'm really sorry you're going through this difficult situation. As someone who works in immigration law, I see identity discrepancy cases fairly regularly, and you're definitely not alone in this. A few additional points to consider: 1. **Timing**: There's generally no strict deadline for filing survivor benefits, but you can only receive retroactive payments for up to 6 months before your application date, so don't delay too long. 2. **Documentation strategy**: When you go in person, organize your documents chronologically - marriage certificate (1982), any documents showing his identity changes, divorce decree, death certificate. This helps the claims specialist follow the timeline. 3. **Earnings record**: The SSA will need to verify which Social Security number and identity was used for his work history. If he worked under the assumed identity for many years, that's likely the record they'll use for benefit calculations. 4. **Your protection**: Since you were legally married under the identity he used at that time, your marriage is valid regardless of his original name discrepancy. You had no way of knowing about the identity issue. Don't let anyone make you feel like you did something wrong. Focus on getting that in-person appointment - phone representatives often can't handle complex cases like this effectively. Bring a friend or family member for support if needed.

Thank you everyone for all this helpful information! Based on your advice, it sounds like my stepchildren will qualify since they've been my stepchildren for 6 years, live with me, and I provide more than half their support. I'll make sure to bring our marriage certificate and their birth certificates when I apply for my retirement benefits next year. I'll also need to carefully consider the family maximum and how it might limit their benefit amounts. It sounds like between the two of them, they might receive somewhat less than 50% each of my PIA.And it's good to know their benefits can continue until they graduate high school. This will definitely help with our family finances while they're growing up.

Just wanted to add a few more details that might help with your planning! When you apply, SSA will want to see proof that you're providing more than half support for the stepchildren. This could include things like receipts for their clothing, food, medical expenses, school supplies, etc. Keep good records of what you spend on them. Also, if either stepchild has any income from things like part-time jobs or Social Security survivor benefits from their biological father, that could affect their eligibility or benefit amounts. Even though you mentioned their father isn't in the picture, it's worth checking if they have any existing Social Security entitlements. One last tip - when you file at your local SSA office, ask specifically about protective filing dates. If there are any delays in processing the stepchildren's applications, you want to make sure their benefits start from the earliest possible date. Good luck with your retirement!

To address your specific question about timing: Based on the current version of the legislation, there will likely be a phased implementation over several years, not an immediate full repeal. This means your mother's benefit increase may be gradual rather than jumping immediately to the full amount. If the bill follows the pattern of recent proposals, beneficiaries already on Social Security should see adjustments automatically applied according to the implementation schedule. SSA will likely send notices explaining the changes and timeline. I would recommend watching for official SSA guidance after the bill is signed, then calling to verify they have your mother's information correctly recorded in their system. This ensures she'll be included in any automatic adjustments.

One thing to keep in mind is that even with a phased implementation, there could be retroactive adjustments once your mom's case is processed. When I worked as a benefits counselor, I saw situations where SSA would calculate back payments to the effective date of policy changes, even if processing took months. I'd suggest creating a simple timeline document now - note when the bill gets signed, when you first contact SSA, and any communications you receive. This will be invaluable if there are any discrepancies later about when benefits should have started or been adjusted. Also, don't be surprised if the first SSA representative you speak with doesn't have complete information about the new procedures. Major policy changes like this often take time to filter down to all staff levels. You may need to be persistent and ask to speak with a supervisor if you're not getting clear answers.

It sounds like you're in a difficult situation with your SSDI benefits being held up possibly due to a windfall offset determination, especially when you have urgent financial needs. The "windfall offset" typically happens when you're eligible for both SSI and SSDI payments for the same period, and SSA needs to calculate the correct amounts to avoid overpayment. When you're in dire need, there are a few options to consider: - Contact your local SSA office and specifically request an "immediate payment" or "critical payment" due to dire need - Ask to speak with a supervisor if regular representatives aren't being helpful - Provide documentation of your urgent financial situation (eviction notices, utility shutoffs, medical emergencies) - Request a status update on your case through your my Social Security account online Two months of processing for a windfall determination is unfortunately not unusual, but your dire need should expedite things. If you've been told you don't owe any SSI, that's actually positive news as it suggests they're working through the calculations. You might also consider contacting your congressional representative's office, as they often have liaisons who can help constituents with federal benefit issues and sometimes get faster responses than individuals can.