

Ask the community...
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!!
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.
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!
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!
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!
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.
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?
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.
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.
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.
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!
Andre Rousseau
my aunt got widow benefits and she said they backpay from when u first become eligible not from when u apply so you should get money back to when u turned 60 maybe?
0 coins
Carmen Vega
•That's incorrect in this specific situation. While survivor benefits can indeed be paid retroactively (up to 6 months), the OP wasn't eligible for benefits before January 2025 because the GPO would have reduced her benefit to $0. She only becomes eligible starting January 2025 when the GPO repeal takes effect, so there's no possibility of getting benefits back to age 60.
0 coins
Aisha Hussain
I'm in a very similar situation - also a retired teacher with a pension, and I lost my husband in 2010. I've been following this GPO/WEP repeal closely because like you, I was told years ago that I'd get $0 in survivor benefits. Reading through all these responses, especially from Jamal who says he's with SSA, gives me hope that those of us who called before the effective date will be protected. I'm planning to call SSA next week to start my application process. Thank you for posting this - it's so helpful to see others going through the same thing. Please update us after your February appointment to let us know how it goes!
0 coins
Myles Regis
•I'm so glad this discussion is helping other people in similar situations! It's been really stressful wondering if I was doing the right thing by waiting for my February appointment instead of trying to get through earlier. Reading Jamal's explanation about the protective filing date has given me a lot more confidence. I'll definitely update everyone after my appointment - hopefully with good news that can help you and others who are in the same boat. The whole GPO/WEP situation has been such a nightmare for so many of us teachers and public servants, so it's amazing that we finally have some relief. Good luck with your call next week!
0 coins