Social Security Administration

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my aunt got divorced after 11 years and she gets benefits from my uncles record even tho they HATE each other lol. social security doesnt care about your feelings just the years!! but she had to wait until he retired before she could claim anything

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That's only partially correct. If you've been divorced for at least 2 years, you can claim benefits on your ex's record even if they haven't applied for benefits yet, as long as you're both eligible for benefits (generally age 62+). The requirement that your ex needs to have filed only applies if the divorce was less than 2 years ago.

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One additional consideration about your business situation: If you're both taking salaries from the business, ensure you're maximizing your own Social Security contributions. Many business owners make the mistake of minimizing payroll taxes, but this can significantly reduce your future Social Security benefits. Since you mention your benefit is much lower than his, you might want to restructure your compensation to increase your reported earnings (up to the SS wage base of $168,600 for 2025) for your remaining working years. This could potentially increase your own retirement benefit, which might be valuable regardless of what happens with your marital status.

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That's brilliant advice I hadn't considered! We've been doing exactly what you described - minimizing payroll and taking more as distributions to reduce taxes. But you're right that this hurts my SS record. I'll talk to our accountant about restructuring my compensation to maximize SS contributions for these last few years before retirement. Thank you!

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To follow up on your retroactivity question - the GPO repeal was effective December 2023, so if you apply now, you can request retroactive benefits back to December 2023, but SSA generally limits retroactivity to 6 months for survivor benefits. So realistically, you'd likely only get retroactive payments for about 6 months, not all the way back to December 2023 unless you applied very soon. Also, when you go to your appointment, make sure you bring: 1. Your husband's death certificate 2. Your marriage certificate 3. Both your Social Security cards 4. The previous denial letter that mentions GPO 5. Documentation of your pension This will help ensure your claim is processed correctly. And as others have mentioned, be prepared to be persistent. The GPO repeal is still relatively new, and not all SSA representatives are fully trained on handling these cases.

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Thank you for this detailed list! I do have all those documents ready. I'm going to try to get an appointment ASAP to maximize any retroactive benefits. It's frustrating that they limit it to 6 months when the repeal has been in effect longer than that, but at least it's something.

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Yes, I did finally get my benefits sorted out but it took using Claimyr to finally reach someone who knew what they were doing. Got a specialist who handles WEP/GPO cases and she fixed everything. Worth every penny to avoid the hours of frustration! And FYI for your calculation - the 2022 COLA was 5.9%, 2023 was 8.7% and 2024 was 3.2%. So if your starting benefit is $2,005 (the 82.5% amount), after all those COLAs it would be around $2,322 now. Much better than what your husband was getting when he passed!

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I had same experience! Regular agents dont know how to handle GPO repeal cases but the specialists do. Make sure u ask for a "Technical Expert" when u call - they know more than regular claims reps

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I'm sorry about your ex-husband's passing. When my brother died, we learned that Social Security won't automatically pay these benefits - you MUST apply. And the 2-year deadline is strict. I'd recommend calling your local SSA office directly rather than the national number - sometimes it's easier to get through. Also, bring your children's birth certificates and Social Security cards when you go in, along with your ID and his death certificate.

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Thank you for the condolences and advice. I'll try calling our local office tomorrow. Would you recommend making an appointment or just walking in? I'll gather all those documents right away.

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Definitely make an appointment if possible - the walk-in wait times can be terrible. Some offices are still requiring appointments anyway. Check the SSA website for your local office's phone number. And remember to ask about survivor benefits for your children when you go in - that's the really important part that could help financially for years to come.

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Since you mentioned cancer recovery - don't forget that the SSA has compassionate allowances and expedited processing for serious medical conditions. If your condition worsens or you need to apply for disability, make sure to mention your cancer diagnosis as it might qualify you for faster processing. Sending healing thoughts your way.

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Thank you for this information and the kind thoughts. I'm actually doing better now (fingers crossed), but it's good to know about the compassionate allowances in case things change. The after-effects of treatment are what's really messing with my cognitive abilities right now.

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its so confusing my sister got more from her ex husband than her second husband when he died but they told me different rules when i called????????

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The rules can seem inconsistent because they're applied differently based on individual circumstances. Your sister's benefit amount would depend on her age, whether she was receiving her own benefits, how much each husband earned, etc. That's why it's always best to speak directly with SSA about your specific situation rather than comparing to someone else's experience.

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my mom works part time after starting SS and she gets to keep all her money. they only reduce benefits if ur younger than full retirement age i think? but be careful about taxes cause they might tax more of ur SS if u make too much money from working

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That's what I'm gathering from everyone's responses. Sounds like I don't need to worry about benefit reductions, just be aware of the potential tax implications. Thanks for sharing your mom's experience!

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Mia Green

One thing nobody's mentioned yet - your continued work might increase your benefit at 70, but not in the way you might be thinking. There's no special increase at 70 based on work. However, if between 67-70 your new earnings replace a lower year in your calculation, you'd see some increase. This happens whenever SSA does their annual recomputation, not specifically at age 70. There's also delayed retirement credits if you had suspended your benefits (8% per year), but since you're already collecting, that's not applicable here.

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i think op was confusing the age 70 thing with DRCs? lots of people think there's some magical recalculation at 70 but thats not how it works

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