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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!
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One important point nobody has mentioned yet: if you're approved for SSDI, you'll become eligible for Medicare after 24 months on disability, regardless of your age. This can be extremely valuable for ongoing medical treatment related to your injuries. Also, when you reach Full Retirement Age (67 for someone your age), your SSDI automatically converts to retirement benefits at the same amount. At that point, any offset with workers' compensation ends. For documentation, focus on these key elements for your SSDI application: 1. Medical evidence showing your condition is severe 2. Doctor's statements specifically addressing work limitations 3. Treatment history showing you're following prescribed therapies 4. Detailed work history showing you can no longer perform previous jobs Keep copies of EVERYTHING you submit to SSA. Their record-keeping can be inconsistent.
Great point about Medicare! That was a HUGE benefit when I finally got approved for SSDI. My employer health insurance had run out and COBRA was ridiculously expensive. The 24-month waiting period is still too long though - another way they try to wear you down!
Thank you all for the helpful responses. I'm definitely going to apply for SSDI this week. Still a bit confused about how they'll calculate that 80% limit for the offset, but sounds like I'll be dealing with that down the road. Anyone know if I should mention the workers comp when I apply for SSDI, or will they find out about it anyway? Don't want to mess anything up on the application.
Yes, absolutely disclose your workers' compensation benefits on your SSDI application. SSA will ask about this specifically, and failing to disclose could be considered misrepresentation. They will verify this information regardless through data matching with state agencies. For the 80% ACE (Average Current Earnings) calculation, SSA typically uses the highest of: 1. Your average monthly earnings from your highest calendar year in the last 5 years before disability 2. Your average monthly earnings during the 5 consecutive years of highest earnings 3. Your average monthly earnings in the highest-earning single year of employment They will request your workers' compensation payment history directly to calculate any necessary offset.
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Did anyone help you figure out how to actually report the death to Social Security? I've been going in circles on their website trying to find clear instructions.
You can't report a death online through the SSA website. There are three ways to report a death to Social Security: 1. Call SSA at 1-800-772-1213 (TTY 1-800-325-0778) 2. Contact your local Social Security office 3. Have the funeral home report the death (most funeral homes offer this service) Option 3 is usually the easiest during a difficult time. Just confirm with the funeral director that they'll handle this for you.
The funeral director did mention they would report it for us, so I'll confirm that they're handling it. Thank you for listing all the options.
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no u dont have to tell them before working!! just report it on taxes. thats what i do and im way over the limit. they just send me a letter once a year saying they adjusted my benefit.
One clarification on the earnings limit - truck drivers need to be careful about how they calculate their income. If your husband is an independent contractor (1099 worker), SSA counts net earnings from self-employment, not gross income. If he's a W-2 employee, they count gross wages. This difference can significantly impact how much is withheld. Also, only income from actual work counts toward the earnings limit. Investment income, pension payments, or other government benefits don't count against the limit. From what you've described, having him work while receiving reduced benefits probably makes more financial sense than withdrawing the application entirely.
Emily Sanjay
just wondering, has ur sister checked if shes eligible for any of her late husbands Medicare?? my aunt got Medicare at 62 thru her deceased husbands benefits even tho normal Medicare age is 65. might help with her health issues
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Sebastian Scott
•This is partially correct but needs clarification. Widow(er)s can qualify for Medicare before 65 ONLY if they also qualify for Social Security disability benefits themselves. It's not automatically available to all widows at 62. However, if the sister's disability claim is approved, she would get Medicare after 24 months of receiving SSDI regardless of her age.
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Jordan Walker
WARNING ABOUT SURVIVORS BENEFITS! If your sister gets a job while collecting early survivors benefits (before her FRA), she'll be subject to the earnings limit ($22,320 in 2025) and could lose some benefits if she earns over that amount. This trips up so many people! Also, make sure she applies for the one-time $255 death benefit if she hasn't already. It's not much but every bit helps in this situation.
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Sarah Jones
•Thanks for mentioning the death benefit - we did apply for that right after the funeral. And good point about the earnings limit. She's not planning to work due to her health issues, but it's definitely something to keep in mind if her situation changes.
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