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Social Security widow's benefits confusion - forced to take deceased spouse's lower benefit before my own?
I'm completely baffled by what a Social Security agent just told me and wondering if anyone has dealt with this situation. I'm turning 65 next month and went in to discuss my options. My husband passed away 8 years ago, and his Social Security benefit would be around $1,850/month if I claimed it now. My own retirement benefit based on my work record would be approximately $2,400/month at my full retirement age (66 and 10 months). Here's where I'm confused - the SSA agent told me that I MUST take my husband's survivor benefit first until "it runs out" (whatever that means), and only then can I switch to my own higher retirement benefit. This makes absolutely no sense to me! Everything I've read suggests I should have a choice between taking one benefit now and the other later. Has anyone encountered this bizarre explanation? Is the agent correct or completely misinformed? I'm so frustrated because this affects thousands of dollars of my retirement income.
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Social Security demanding repayment for 47-year-old student benefit overpayment - can they do this?
Just received the most ridiculous letter from Social Security. They're claiming I owe them $244 from an overpayment in 1978 when I was receiving student benefits! My mom was collecting disability after her workplace injury, and I qualified for auxiliary benefits while attending college full-time. The letter states I wasn't eligible for payments during summer semester because I dropped below full-time status (which I honestly don't even remember). My parents handled all this paperwork back then, and they've both been deceased for over a decade now. I have ZERO documentation from 47 years ago! How can SSA suddenly decide, nearly half a century later, that I owe them money? Is there a statute of limitations on these things? Anyone dealt with ancient overpayment claims like this? I'm completely blindsided and don't know if I should just pay it or fight this absurdity.
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Quick update on my experience - after my waiver was approved for that 1981 overpayment, I asked the SSA rep what caused these ancient claims to suddenly appear. She explained that SSA has been digitizing old paper records, and sometimes these conversions flag previously undetected issues in their automated systems. So it's not that they've been sitting on this for 47 years - their system likely just identified it during some database modernization. Still frustrating, but at least explains the bizarre timing.
OF COURSE this is happening because of computers! They care more about their automated systems than actual HUMANS. So typical of government agencies these days. No common sense at all!!!
UPDATE: I filed both the waiver and reconsideration forms yesterday. The SSA office actually had a helpful person who explained they're seeing several of these old student benefit cases right now due to a system modernization project (just like @RetirementPlanner mentioned). She seemed to think the waiver had a good chance of approval given the time passage and that I was a dependent student. I'll update again when I hear the final decision. Thanks everyone for your advice - I feel much more confident about handling this now instead of just paying it out of frustration!
Glad to hear you're making progress! One more tip: make sure to keep copies of everything you submit and get a receipt or confirmation number for your waiver and reconsideration requests. These things have been known to get lost in their system, especially during transitions like the digitization project they're working on.
Should I claim Social Security spousal benefits now after GPO/WEP repeal, or wait? Worried about future means testing
The GPO/WEP repeal just opened up spousal benefits for me that I never thought I'd get! I'm trying to figure out when to file and could use some advice from folks who've been in similar situations. My situation: I'm turning 63 this April, and my husband is older and already took his SS at 62 (since we thought I'd get nothing anyway due to GPO/WEP). I'm semi-retired but still do consulting work through June 2025 that brings in some income. What I understand so far: 1. There's an earnings limit if I file before my FRA that could reduce benefits 2. My spousal benefit would be based on my husband's FRA benefit amount, but reduced based on when I file (and waiting past my own FRA doesn't increase it) 3. If I take reduced benefits now, that same percentage reduction would apply to survivor benefits if my husband passes away first Here's what's really on my mind: I'm concerned about potential means testing in the future (around 2035) when the trust fund issues hit. My husband and I would definitely be impacted by any means testing based on our income/assets. This makes me wonder if I should just file ASAP to get what I can now. Anyone else thinking about this angle? Any perspectives on filing now vs waiting until closer to FRA?
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Wait i'm confused...I thought the spousal benefit reduction was only based on when YOU file...but I thought the survivor benefit reduction was based on when the DECEASED person filed??? Is that not right?? Can someone clarify??
There are two separate reductions that can apply to survivor benefits: 1. If the deceased spouse took reduced retirement benefits, the survivor benefit maximum is limited (with some exceptions). 2. If the surviving spouse claims survivor benefits before their own FRA, the survivor benefit is reduced based on the survivor's age. In the original poster's case, since her husband already took reduced benefits at 62, her eventual survivor benefit maximum is already affected by that decision. If she also takes her spousal benefit early, and later converts to survivor benefits, that early filing reduction would not carry over to the survivor benefit - that's a common misconception.
After reading through this discussion, I think there's an important distinction that needs clarification: The reduction from claiming spousal benefits early does NOT carry over to survivor benefits. These are completely separate calculations. For survivor benefits: 1. If you claim survivor benefits before your FRA, they are reduced based on YOUR age at the time you claim THOSE benefits. 2. Survivor benefits can be affected by whether your deceased spouse claimed early, but NOT by whether YOU claimed spousal benefits early. This is a common area of confusion. You can claim reduced spousal benefits early, and later still receive unreduced survivor benefits if you wait until your FRA to claim them (assuming your spouse didn't take reduced benefits, which in this case he did at 62).
Thank you for this important clarification! So my husband's decision to take benefits at 62 already impacted any future survivor benefits I might receive, but my decision about when to take spousal benefits won't further reduce those survivor benefits? That's very helpful information.
Social Security filing timing - apply 3 months before FRA while continuing to work?
I'll hit my full retirement age in August 2025 (born December 1958). I'm planning to keep working past my FRA, but want to start receiving my Social Security retirement benefits right when I reach full retirement age - not before, not after. My HR department suggested I should file my application 3 months before my FRA date, which would be early May. But I'm confused about the process - do I need to specifically tell SSA I want benefits to start in August when I file? Will they automatically know to delay the start date until my FRA? I don't want to accidentally file for early benefits and get a permanent reduction. Has anyone gone through this process while still working? Any tips would be appreciated!
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Here's another tip: When you submit your application online, you'll get a confirmation number. Write this down immediately! I didn't, and when I needed to follow up on my application status, they kept asking for it. Also, create a my Social Security account online if you haven't already - you can track your application status there and it's much easier than calling.
I do have a my Social Security account, but that's a great reminder about the confirmation number. I'll definitely make sure to save it somewhere safe. Thanks!
Just to clarify something important: Even though you'll continue working, you should still apply for Medicare at 65 (if you haven't already), regardless of when you plan to start your Social Security benefits. Many people don't realize these are separate decisions. Missing your Medicare Initial Enrollment Period can result in permanent premium penalties, even if you have employer coverage.
Thanks for bringing this up! I did enroll in Medicare when I turned 65 last year, but I'm keeping my employer's health insurance as my primary coverage since I'm still working full-time at a large company. Good reminder for others reading this thread though!
Can I really claim Social Security benefits on my ex-spouse? Divorce was 7 years ago
I just found out that you might be able to claim Social Security benefits based on an ex-spouse's record and I'm completely confused about how this works. My divorce was finalized about 7 years ago, and we were married for 12 years. I'm turning 62 next year and starting to look at my retirement options. My ex had a much higher income throughout our marriage (he was making around $125K while I was working part-time making about $28K annually). Why would the government let me claim on his record after we're divorced? We divided all our assets in the divorce decree - 401ks, pension plans, everything. There was absolutely no mention of Social Security in our agreement. Does he have to approve this? Will it reduce his benefits? Will he even know if I apply based on his record? I'm hesitant to even consider this option because it feels like I'm taking something that isn't mine, but a friend insisted I look into it. If this is legitimate, what percentage of his benefit would I be eligible for?
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One more thing I think is important to mention: If your ex has remarried but you haven't, you can still claim on their record. Their current marriage has no impact on your eligibility. Also, you can claim even if your ex hasn't filed for their own benefits yet, but they must be eligible for benefits (at least 62) and you must have been divorced for at least two years. Lastly, taking ex-spouse benefits doesn't create any notification or paperwork for your ex, and they'll never see any reduction in their own benefits. The SSA handles everything independently.
Thank you! He has remarried so I'm glad that doesn't affect anything. He's 64 now so that requirement is met too. I really appreciate all this information - it makes the decision much less intimidating.
Sofia Morales
Quick follow-up on my earlier response: when you go back to SSA, ask specifically about the "restricted application" for survivor benefits. This is the technical term for what you want to do - restricting your application to ONLY the survivor benefit while letting your own retirement benefit grow. Also, you should know that survivor benefits taken before your Full Retirement Age are reduced for early claiming (unlike switching to your own benefit at 70, which doesn't get penalized). Since you're turning 65 and your FRA is 66 and 10 months, that $1,850 figure already includes the early claiming reduction. If you waited until your FRA to claim the survivor benefit, it would be slightly higher, but that's rarely the optimal financial strategy when your own benefit will exceed the survivor benefit eventually.
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Dylan Mitchell
AuthorThis is incredibly helpful information! I'll definitely use the term "restricted application" when I go back. Do you happen to know if I need to bring any special documentation with me when I apply for the survivor benefit? I have my husband's death certificate and our marriage certificate already.
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Sofia Morales
Those documents are the main ones you'll need. Also bring your own ID, birth certificate if you have it (though they may already have this on file), and your Social Security card. If you've been married before for 10+ years, bring documentation about those marriages too, as you might qualify for benefits on those records as well. And definitely bring a notepad to write down the name of who you speak with and summary of advice given.
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StarSailor}
this is why i always tell people to do their own research about social security before going in. so many of the workers give wrong info its scary!!
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