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Just curious - did you or your wife pay into Social Security? If your wife didn't have enough work credits that could be another issue. For survivor benefits the deceased needs 40 credits (10 years work) OR if they died young sometimes fewer credits. But SOMEONE needs to have paid in for benefits to be available.
Based on everything you've shared, I believe you have a case worth pursuing. The fact that: 1. You both had legal custody before your wife passed 2. You were actively in the adoption process 3. You were providing support and care for the child 4. Your wife had sufficient work credits All point to a potential approval with proper representation. I'd suggest: 1. Contact the National Organization of Social Security Claimants' Representatives (NOSSCR) to find a qualified attorney 2. Gather ALL documentation showing the timeline of custody, adoption process, and your wife's involvement 3. Request a formal reconsideration rather than just calling again 4. Reference your previous inquiry to maintain the retroactive date I've seen cases like yours succeed, but they typically require persistence and proper legal representation.
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
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.
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.
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!
my uncle worked for govt and when he died my aunt got like half his pension. she said the paperwork was a mess though. good luck
One thing nobody mentioned - if you're planning to work while collecting survivor benefits, be aware of the earnings limit! In 2025 if you earn over $24,000 (I think that's the new amount), they'll deduct $1 from benefits for every $2 you earn above that limit. The limit goes away when you reach full retirement age though.
That's really good to know! I do work part-time and was planning to continue. Does that earnings limit apply to all types of income or just wages from a job?
The earnings limit only applies to wages from employment or net earnings from self-employment. It doesn't count investment income, interest, pensions, annuities, capital gains, or other government benefits. Also, if your benefits are reduced because of the earnings limit, you'll get credit for those months when you reach full retirement age, resulting in a higher benefit amount later.
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.
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.
Rachel Clark
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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Chris King
•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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Carter Holmes
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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Mia Alvarez
•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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