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My uncle was a state worker and my aunt couldn't get his SS either, something about the windfall provision I think? But she got his pension so it worked out ok. Good luck!
Just to avoid confusion: State workers who don't pay into Social Security don't earn Social Security benefits, so there are no SS benefits to claim from them. That's different from the Windfall Elimination Provision (WEP), which reduces your own SS benefits if you also receive a pension from non-covered work. The Government Pension Offset (GPO) reduces spousal/survivor benefits if you receive a pension from non-covered work. But in the original poster's case, if she's not receiving a pension from her third husband's state work, these provisions likely don't apply to her.
After reading through all the comments, I think your situation is actually more straightforward than it might seem. Since you were married to your first husband for more than 10 years before divorcing, and you'll be 60 when applying, you should be eligible for survivor benefits on his record now that he's deceased. The fact that you later married other people doesn't affect this eligibility since you're over 60 now. When you contact SSA, ask specifically about 'surviving divorced spouse benefits.' Also, make sure to compare this amount with what you might get on your own record when you reach 62, as you can switch to whichever is higher later.
Thank you so much for this clear explanation. I'll specifically ask about 'surviving divorced spouse benefits' when I contact them. It's a relief to know that my later marriages don't complicate my eligibility since I'm turning 60. I truly appreciate everyone's help!
One more thing - DOCUMENT EVERYTHING!! Write down every conversation with SSA, get names of reps, take screenshots of your MySocialSecurity account info!!!! Trust me on this!!!!!
Thank you all for the helpful advice! I'm going to put together all these calculations before I make my filing decision. It sounds like my husband should definitely apply for the spousal benefit once I file, regardless of when I decide to start taking benefits. I'll make sure to document everything and specifically mention the WEP-spousal benefit calculation when we apply. And I'll definitely look into that Claimyr service - sounds like it could save a lot of frustration with the phone calls. I really appreciate everyone taking the time to explain this complicated situation!
I've been through this exact situation! The first thing you should do is request a written PEBES statement showing the detailed calculation. Having everything in writing really helped me straighten out the discrepancy in my case. When I talked with Claimyr's customer service, they mentioned that a lot of their users are survivors dealing with similar benefit calculation issues. The SSA seems particularly prone to inconsistency with survivor benefits calculations for some reason.
Whatever you do, DON'T trust what they tell you over the phone!!! Get EVERYTHING in writing!!! When my husband passed, I got THREE different benefit amounts from THREE different reps, and the actual amount I received was LOWER than all three estimates! I was counting on that money and it created a real financial hardship. The SSA makes "mistakes" that conveniently always seem to save THEM money, not us! 😡
I'm so sorry that happened to you. It's really concerning how inconsistent they are. I'll definitely get everything in writing - thank you for the warning!
I want to add some clarification about when and how to report earnings to SSA in your situation: 1. Initial report: When you start working, call and inform them of your employment start date and estimated earnings. 2. Monthly reporting is NOT required for most beneficiaries. However, given your variable income, you might want to report quarterly or whenever you have a significant change from your estimate. 3. Annual reporting: You'll receive a form (SSA-632) at the beginning of each year to report your previous year's earnings. 4. Once your mother's benefits terminate in October, your earnings will no longer matter for Social Security purposes until you decide to file for your own retirement benefits in the future. 5. Keep documentation of all your communications with SSA (dates, representative names, what was discussed). The earnings test can be confusing, but in your case, focusing on the monthly limit until October is the correct approach.
That form number is WRONG! The annual earnings report form is SSA-7070, not SSA-632. The 632 is for overpayment waiver requests - I know because I had to fill one out when they messed up MY earnings calculations! This is exactly the problem with SSA - even people who sound like they know what they're talking about get details wrong and then WE have to deal with the consequences!
When my husband passed a few years ago, I had a similar situation with the earnings test. My main advice is to OVER-report rather than under-report. I called SSA at the beginning of the year, mid-year when my income changed, and then again near year-end. It was annoying but I never had an overpayment issue. Just make sure you're tracking everything. Also, don't forget that your children's benefits continue until they graduate high school (if they're still in school at 18) - you'll need to complete some additional paperwork for that extension.
Micah Franklin
My aunt just went thru this exact thing last yr. SSA gave her a nice chunk of backpay for 6 months plus her monthly check went up by like $800 or something. She was so mad nobody told her sooner!
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Ella Harper
•This is EXACTLY why the system is broken!!! They KNOW when people qualify for higher benefits but they don't TELL them!!! It's like they WANT people to miss out on money they deserve!!! They should automatically calculate and pay the higher amount!!!
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Isla Fischer
One more important point - when you call SSA, specifically ask for the "spousal benefit" or "spouse's benefit" by name. Sometimes if you just say you want to see if you can get a higher benefit, the representative might not check all options. Be sure to mention that your husband's benefit is significantly higher than yours and you believe you qualify for a spousal top-up benefit. Write down the name of the representative you speak with and ask for a confirmation number for your application.
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Logan Chiang
•That's excellent advice! I'll make sure to use those exact terms and get the representative's name and a confirmation number. I don't want anything to fall through the cracks.
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