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also don't forget about survivor benefits! if your husband passes away first (since he's older) you get to take the larger of your benefit or his full benefit. so another reason for you to maximize yours if possible.
One more thing to consider: If you wait until your FRA to claim, but your husband is already collecting his retirement benefit, you can choose to take ONLY the spousal benefit (50% of his PIA) at your FRA and let your own retirement benefit continue to grow until age 70. This could be beneficial if your own benefit plus delayed retirement credits would eventually exceed the spousal amount. However, this strategy only works if you wait until your FRA to claim anything. If you claim even one month early, you're deemed to be filing for all benefits you're eligible for at that time.
This is not accurate since the 2015 law changes. Restricted applications for spousal-only benefits are only available to people born on or before January 1, 1954. Based on the age difference mentioned, the poster would have been born around 1967, so they cannot file for spousal benefits only while letting their own benefit grow.
Yes, a copy of your marriage certificate would be helpful documentation. If you don't have it, you can usually request one from the vital records office in the county/state where you were married. Any paperwork from your previous divorce attempts might also be useful to document that you made good faith efforts to resolve the situation. When you apply, be prepared to answer questions about why you didn't complete the divorce - just be honest about the circumstances.
i had my friend who works at ssa look up ur question and she said as long as u dont try to claim on his record ur totally fine. just be honest on the forms and ull get ur money no prob
Please don't tell people you had a friend "look up their question" at SSA. That's incredibly misleading and possibly illegal if someone actually did that. SSA employees cannot access records without proper authorization, and they definitely shouldn't be discussing cases with friends. OP, please rely on official information from SSA, not anecdotes like this.
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.
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!
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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