I wonder if there's ANY scenario where you could get more? What if he delays claiming until 70? Would 50% of his increased benefit be more than your FRA amount? Just thinking out loud here...

Just wanted to add one more perspective as someone who went through this exact calculation recently. You're absolutely right that you won't get any spousal benefit top-up since your own benefit ($2500) exceeds 50% of his maximum benefit. One thing that helped me was creating a simple comparison chart with different scenarios - your benefit at various claiming ages vs. 50% of his PIA. Even though you won't get the spousal benefit, you still have the flexibility to optimize your own claiming strategy. Since you mentioned possibly waiting past FRA for delayed retirement credits, that could boost your benefit significantly (8% per year until age 70). Also worth noting that you can always check your ex's earnings record isn't needed for this calculation - you just need to know his approximate benefit amount, which sounds like you already have a good estimate of. The 22-year marriage definitely qualifies you (need 10+ years), so that box is checked!

Just to clarify the survivor benefit rules for divorced spouses: 1. You must have been married for at least 10 years (you qualify with 13 years) 2. You must be at least 60 years old (or 50 if disabled) 3. You must not have remarried before age 60 (if you remarried after 60, you can still claim on your ex's record) 4. As a survivor, you're eligible for 100% of your ex-husband's benefit amount if you claim at your FRA The 50% figure applies only to spousal benefits when your ex-spouse is still living, not to survivor benefits. When you contact SSA, make sure to ask about both your own retirement benefit (with the WEP repeal adjustment) AND the potential survivor benefit based on your ex-husband's record. Take the higher of the two. Remember that survivor benefits don't grow after your FRA, but your own retirement benefit can grow until age 70 with delayed retirement credits.

As someone who works in benefits administration, I want to emphasize a few key points that might help you navigate this process more smoothly: For the earnings test before FRA, consider timing your application strategically. Since you reach FRA in May 2025, you might want to delay filing until then to completely avoid the earnings test complications. This way you won't have to deal with benefit withholding and subsequent recalculations. Regarding survivor benefits - definitely pursue this! Many people don't realize that divorced spouses have the same survivor benefit rights as widows/widowers. Since your marriage lasted 13 years, you clearly meet the 10-year requirement. Here's a practical tip: Before calling SSA, gather all your documentation including your divorce decree, your ex-husband's death certificate, and his Social Security number if you have it. This will help the representative access his earnings record more quickly. Also, consider visiting your local SSA office in person if phone wait times are excessive. Sometimes face-to-face meetings can be more productive for complex cases like yours, especially when dealing with both WEP recalculations and survivor benefits simultaneously. Document everything - names of representatives you speak with, dates, and what they tell you. Given the recent WEP changes, there's definitely some inconsistency in how different agents are handling these calculations.

Update: I called my local SSA office this morning and finally got through! The representative confirmed the WEP formula has changed and I can withdraw my application. She's sending me the SSA-521 form today. She couldn't tell me exactly how much more I'll get under the new formula, but indicated it would be "substantially more favorable" in my case since I have 29 years of mixed earnings. I'll post another update once I know the exact numbers. THANK YOU all for your help!!!

This is such valuable information! I'm a newcomer here but dealing with a very similar WEP situation. I worked 15 years for the state highway department and then 20 years in private sector jobs, but my SS benefit is getting reduced by about $380/month because of my small state pension. I had no idea about the Reform WEP Act or that you could withdraw and refile your SS application! This gives me hope that I might be able to get some relief from this unfair reduction. @Edward McBride - please definitely keep us posted on your results! And thank you to everyone who shared such detailed information about the new rules. This community is incredibly helpful for navigating these complex government benefit issues. I'm going to look into the withdrawal option for my own situation. Has anyone here had experience with how long the whole process takes from withdrawal to getting payments restarted under the new formula?

My cousin had to fight for MONTHS to get her survivor benefits!!! She was married for 22 years but SSA kept saying they couldn't "verify" the marriage even tho she had the certificate!!! Make sure both ladies bring EXTRA copies of EVERYTHING and get names of EVERYONE they talk to!!!

I'm so sorry for your loss, Luca. This is incredibly helpful information for anyone dealing with similar situations. It's great that you were able to get through to SSA and get official confirmation. One thing I'd add based on my experience helping my elderly neighbor - both women should also ask about any potential cost-of-living adjustments (COLA) that might affect their benefits going forward. The SSA rep can explain how these annual adjustments work with survivor benefits. It sounds like you've been a wonderful advocate for both your mom and stepmom during such a difficult time. Wishing your family all the best as you navigate this process.

DON'T TRUST WHAT THEY TELL YOU AT THE FIELD OFFICE!!! My mom was a widow and they told her THREE DIFFERENT THINGS on three different visits! The entire survivor benefit system is designed to confuse people so they take a lower amount than they're entitled to. ALWAYS get a second and third opinion before filing any paperwork. The rules are intentionally confusing and most SSA employees don't understand them correctly!!!

I'm so sorry for your loss, Ava. Navigating survivor benefits during grief is incredibly difficult, and the SSA's explanations can be confusing even under the best circumstances. The advice you've received here is excellent - the 71.5% is indeed applied to your husband's PIA, not his actual benefit amount. Since your husband claimed at 67 (which was likely past his FRA), he was receiving delayed retirement credits that increased his monthly payment above his PIA. One thing I'd add: when you go back to SSA, ask them to print out a "What If" scenario report. This will show you exactly what your survivor benefit would be at different claiming ages (60, 62, your FRA, etc.) and help you make an informed decision about timing. Also consider that if you're currently working and earning $28,000/year, you might want to calculate whether the earnings test reduction makes it worth waiting until 62 when the percentage increases and you're closer to the earnings limit becoming less of an issue. The strategy of taking survivor benefits now and switching to your own retirement benefit at 70 is solid if your own benefit will be higher. Just make sure to get all the projections in writing so you can plan accordingly.