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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.
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.
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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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.
Yes, my wife worked full-time for over 20 years and had more than enough credits. She was 58 when she passed away and had been contributing to Social Security her entire working life.
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.
Thank you so much for this detailed action plan. I hadn't heard of NOSSCR before, but I'll definitely contact them to find a qualified attorney. I feel more confident now about pursuing this with the right approach and representation.
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Wait I'm confused...I thought SSI and Social Security were the same thing? Which calculator should I use if I'm on disability but turning 65 next year?
SSI (Supplemental Security Income) and Social Security retirement are different programs: - SSI is needs-based for people with limited income/resources who are disabled, blind, or 65+ - Social Security retirement is based on your work history and payroll tax contributions If you're receiving Social Security Disability Insurance (SSDI), it automatically converts to retirement benefits when you reach Full Retirement Age (66-67 depending on birth year). The amount stays the same. If you're on SSI (which maxes at about $943/month in 2025), you should contact SSA directly as your situation requires personalized guidance.
Thanks everyone for the great suggestions! I downloaded ANYPIA but it's pretty complicated. I'm going to try MaximizeMySocialSecurity.com since it seems more user-friendly and the price is reasonable. I'm also realizing that because I only have 31 years of earnings, even my reduced-income years will help fill in those missing years in my top 35. That's something I didn't fully understand before.
You've got it! Even those lower-earning years will help if they're replacing zeros in your calculation. Good luck with your planning!
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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
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!
Paolo Ricci
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
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Connor O'Neill
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.
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StarSailor}
•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?
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Zainab Ismail
•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.
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