Just wanted to follow up - were you able to make any progress with this? If you're still having trouble, don't forget that Congressional offices can sometimes help with Social Security issues. Your local Representative or Senator's office might be able to cut through some red tape if you contact their constituent services.

One more thing I forgot to mention - be sure to ask about retroactive benefits when you do get this sorted out. You might be entitled to back payments from the time of her death if you were eligible but unable to apply due to these documentation issues.

My cousin tried to apply for her ex-husband's SS and they told her she couldn't because she remarried when she was 58... have you remarried? That's a dealbreaker for ex-spouse benefits from what I heard.

Make sure you understand what "top off" actually means - it's NOT adding two benefits together. Here's how it works: 1. SSA calculates your current SSDI benefit (let's say $1,200/month) 2. They calculate what you'd get as an ex-spouse (50% of his PIA, reduced for your age - maybe $1,500/month) 3. You get the HIGHER of these two amounts ($1,500) 4. The "increase" is $300 in this example If your SSDI is already higher than what you'd get as an ex-spouse, you'll see NO CHANGE in your benefit amount. That's why some people apply and get nothing extra. Also, if your ex hasn't applied yet but you've been divorced 2+ years, you can still apply when he turns 62 regardless of whether he's filed for benefits himself.

Just want to add that while you're waiting to reach age 62, it might be worth exploring if you qualify for the Medicare Savings Program if your family income is limited. This program can help pay Medicare premiums for your husband, which could free up some monthly income. Requirements vary by state, but it's worth checking into. Also, make sure your husband is receiving all the benefits he's entitled to. Sometimes people on SSDI don't realize they might also qualify for SSI if their SSDI payment is low enough and they meet the resource limits.

You're correct - at $1,850/month SSDI, your husband wouldn't qualify for SSI as that exceeds the federal benefit rate. However, definitely check out the Medicare Savings Program (MSP) options. Depending on your total family income and resources, you might qualify for one of the MSP levels that could pay his Part B premium ($174.70 in 2023), which would put that money back in your pocket each month. Also, when your children age out of their benefits, that will be a significant reduction in household income. Start planning for that transition now, especially if your 16-year-old will be heading to college.

Not to hijack your thread but this reminds me of when I tried to apply for spousal benefits a few years ago. I went around in circles with THREE different reps who all said different things! One told me I couldn't apply at 62, another said I could but would get less, and the third one said something completely different about restricted applications that I didn't even understand. It's crazy how even THEY don't understand their own rules sometimes!

This is a good reminder for everyone dealing with complex SS situations: the POMS (Program Operations Manual System) is the actual rulebook SSA employees use, and it's available online. For family maximum calculations with disabled adult children, you'd want to look at sections RS 00615 and DI 10115. Having the exact POMS reference can be incredibly helpful when speaking with representatives who might not be familiar with unusual situations. You can say "According to POMS section X, this is how the calculation should work..." For the original poster: The Birmingham Processing Center handling your case is actually a good thing. They have specialists who work on complicated family maximum calculations all day, every day.

quick question - how old is your fiance? if he's close to 60, he might want to start planning for his own retirement benefits anyway. the appointment could be useful for that.

Since your fiancé is 58, here's what he should specifically ask at his appointment: 1. Request his Social Security Statement showing his estimated retirement benefits at different claiming ages (62, FRA, and 70) 2. Ask how additional work years might increase his benefit amount 3. Discuss whether his part-time job will add enough earnings to increase his future benefit 4. Inquire about potential spousal benefits when you two marry (if you're planning to) 5. Understand how the WEP (Windfall Elimination Provision) might affect him if he ever worked in jobs not covered by Social Security Regarding his 15-year-old son: The child may be eligible for benefits on your fiancé's record when he claims retirement benefits. Children can receive up to 50% of the parent's PIA (Primary Insurance Amount) until age 18 (or 19 if still in high school).