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My situation was kind of similar but without the railroad part. I filed early at 62 with a 9 year old and my wife waited until her FRA. One thing nobody mentioned is that the family maximum is pretty low when YOU file early. It limited what my kid got. Also the whole 50% thing gets confusing because it's 50% of something but the family maximum can reduce it. The SSA explanation of family maximum calculations makes my head hurt LOL!!!
Based on all the discussion here, I'd recommend these steps: 1. Given the recent WEP repeal, wait a few months for updated guidance from both SSA and RRB before making any decisions about your husband filing. 2. Request a benefit verification letter from SSA that shows your PIA (Primary Insurance Amount), your current benefit amount, your son's benefit amount, and the family maximum on your record. 3. Have your husband request his Social Security Statement to see what his PIA would be. 4. With those numbers in hand, you can calculate whether it makes sense for your husband to file early just for your son's benefit. 5. Consider that your son's benefit eligibility will end when he turns 18 (or 19 if still in high school), so filing early only provides benefits for a limited time. 6. Remember that if your husband files early but continues working, his eventual benefit at FRA will be recalculated to account for months when benefits were withheld due to the Retirement Earnings Test. This approach gives you concrete numbers to work with while allowing time for the policy implications of the WEP repeal to become clearer.
I think this is the most sensible approach. I'll get the benefit verification letter from SSA and have my husband request his statement. That way we'll have the real numbers to work with. And we'll wait for more guidance on the WEP repeal implications before making any decisions. Thank you so much for this thoughtful advice!
Regarding your question about the specific form - there isn't a separate form just for divorced survivor benefits. She would apply for survivor benefits using the same process as anyone else, but indicate she's a divorced spouse. She can apply either online at ssa.gov or by calling 1-800-772-1213 to schedule an appointment. However, for divorced survivor cases, I generally recommend applying in person or at least by phone rather than online, as these cases sometimes require additional attention to process correctly.
One more important point: when her ex-husband passes away, she should notify SSA as soon as possible. Survivor benefits are not automatically awarded - she must apply. Also, unlike retirement benefits, survivor benefits can be applied for in the month of death. So if her ex passes on June 15th, for example, she could potentially be eligible for a survivor benefit payment for the month of June (paid in July). Social Security only pays survivor benefits 6 months retroactively, so timely filing is important. If she waits too long, she could lose out on some payments.
Just want to say sending prayers to you and your wife. This stuff is so hard to deal with on top of everything else.
Has anyone mentioned the fact that you might have choices about WHEN to take survivor benefits? Like if you have your own work record, sometimes it's better to take your own retirement at 62 and then switch to survivor benefits at FRA, or vice versa. The rules changed in 2015 but some options still exist. My financial advisor helped me figure this out and it meant about $45,000 more over my lifetime!
This is a critical point. Survivor benefits have more flexible claiming options than regular retirement benefits post-2015. You can still take one benefit type early and switch to the other later to maximize lifetime benefits. For example, if you're younger than FRA, you might take reduced survivor benefits and then switch to your own unreduced retirement benefit at 70 (when it maxes out). Or the reverse could be better depending on your respective earnings records. This can mean tens of thousands of dollars difference over a lifetime.
Just wanted to add that you should definitely run multiple scenarios with SSA once the legislation is finalized. In my case, we discovered that my wife was actually better off with her WEP-reduced benefit than the spousal benefit after GPO. The math gets tricky and depends on your specific work history and pension amounts.
Excellent point. And remember that the repeal bills currently being considered have different implementation timelines - some propose immediate full repeal while others phase it out over 5-10 years. This could significantly affect your planning, especially if either of you is nearing 70 when delayed retirement credits max out.
Peyton Clarke
One important point nobody has mentioned: for your father's application, make sure he specifically lists all conditions, but especially document the falling asleep episodes in detail. This could indicate several possible conditions: 1. Sleep apnea (common with COPD) 2. Medication side effects from treatments for depression/anxiety 3. Narcolepsy or idiopathic hypersomnia 4. Potential neurological issues He should keep a daily log of these episodes - when they occur, duration, circumstances, etc. This kind of specific documentation significantly strengthens disability claims, especially for symptoms that don't show up well on standard medical tests. Also, since he's 55, check if he qualifies for early retirement as a backup plan while pursuing SSDI. Though benefits would be reduced, it might provide some income during the potentially lengthy disability determination process.
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Tate Jensen
•The daily log is such a great idea! I'll set something up on his phone to make it easy for him to track. I hadn't thought about early retirement as a backup - I'll look into that too. I think he's really struggling with the idea of not being able to work after supporting himself his whole life, but his health has to come first.
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Gabriel Ruiz
my mom went thru appeals for her fibro too. they kept saying it wasnt real even tho she couldnt even hold a cup somedays. make sure u have a GOOD lawyer, made all the difference for her
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Tate Jensen
•I've got a lawyer who specializes in fibromyalgia cases, thank goodness. It's so frustrating when they act like it's not a real condition just because it doesn't show up on standard tests. How long did your mom's appeal take if you don't mind me asking?
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