Another important point - since your husband's benefit is only about 40% of yours, you should definitely consider how his filing decision impacts potential spousal benefits. While he's alive, he wouldn't qualify for spousal benefits on your record until you file for your own benefits. After you file at 70, he could potentially receive a spousal supplement if 50% of your PIA exceeds his own benefit (including reductions for early filing). This gets complicated, but it's worth understanding the full picture. The timing of both your claims can have significant impacts on your combined lifetime benefits.

Thank you everyone for all this helpful information! We definitely have more to consider than I initially thought. I'm going to talk with my husband about possibly waiting until his FRA after learning about the survivor benefit implications and the hassle of dealing with the earnings test. Seems like the small amount he'd get now (after reductions) might not be worth the permanent cut to his benefit. Really appreciate all your insights!

Update: I FINALLY got through to someone at SSA after trying for days. The agent explained that I misunderstood how the monthly earnings test works. She said that in the first year of retirement, they look at any month where I earned under the limit AND didn't perform "substantial services" as a month I should receive benefits, regardless of my annual total. But here's the catch - they're saying my part-time work still counts as "substantial services" even though I'm earning under the monthly limit! Apparently because I'm working more than 15 hours weekly at the bookstore (I work about 22 hours), they're considering it substantial work. This feels like a complete gotcha - stay under the earnings limit but still get penalized because of hours? I'm going to request a formal review. This just doesn't seem right.

Reading through all this, I'm seriously considering just waiting until I hit my FRA to avoid this mess altogether. The rules are way more complicated than they initially appear, and it sounds like even the SSA reps give conflicting information. Losing a few months of benefits might be worth avoiding the headache!

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

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.

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.

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!

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.