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One more thing you should know: The fact that you didn't file earlier may actually work in your favor regarding retroactivity. Since you never received a formal denial, you could potentially argue that misinformation from an SSA employee prevented you from filing. This is called \
This is incredibly helpful information I had no idea about. I'll definitely bring up the misinformation form and ask about establishing a protective filing date from my 2020 visit. I remember it was in March 2020, right before the pandemic shut everything down. I imagine that might have contributed to the rushed service. Thank you so much for this suggestion!
Another important consideration: If either of your potential spouses is receiving any needs-based benefits like SSI or Medicaid, marriage could affect those benefits since household income is considered. Also, be aware that marriage might impact other financial arrangements like pensions with survivor benefits that may already name other beneficiaries. At 84, I would strongly recommend making an appointment with SSA to discuss your specific situation rather than making decisions based solely on general forum advice. Your earnings record, exact benefit amount, and other factors will determine the exact financial impact.
MY NEIGHBOR JUST DID THIS!!!! She married her friend and got his benefits when he died but she had to fight with SSA for MONTHS because they said it was a "marriage of convenience" or something like that. They investigated her!!! Be careful what you say to them about why you're getting married!!
This is important to clarify. SSA doesn't technically have a "marriage of convenience" policy that would disqualify someone from benefits. If the marriage is legal, it generally counts for Social Security purposes regardless of the reasons for marrying. The 9-month duration requirement for survivor benefits is primarily what they'll check. However, if fraud is suspected (marriage solely for benefits with no intent to live as spouses), that could potentially be investigated, though it's relatively rare in cases like this.
Quick clarification on your question about your husband's early retirement affecting your survivor benefits: Since your husband claimed at 62 and passed at 65 (before his FRA), your maximum survivor benefit would be the higher of: 1. The benefit he was receiving when he died (reduced for his early claiming) 2. 82.5% of his Primary Insurance Amount (what he would've gotten at his FRA) However, this maximum amount will then be reduced by the GPO (2/3 of your government pension). And if you claim before your survivor FRA (66 and 10 months), it would be further reduced for early claiming. The claiming strategy gets quite complex with GPO involved. If your government pension is substantial, it might wipe out most or all of your survivor benefit regardless of when you claim.
This is starting to make sense now. So even though my husband claimed early, I might still be entitled to 82.5% of what he would have received at his FRA rather than his reduced benefit. But then the GPO reduction happens after that calculation. I think this explains why one rep told me I'd only get about 1/3 of his benefit after all the reductions. I need to find out exactly what my monthly pension will be to calculate the GPO impact accurately.
have u checked if there was a lump sum death benefit? its only $255 but its something. also did u get the check for the month he died? my FIL died on the 29th and they took back his last payment because they said he wasnt alive the whole month which seemed really unfair
Yes, I did receive the $255 death benefit already. And you're right about them taking back the last month's payment - they explained that Social Security benefits are paid in arrears (for the previous month), so if the person doesn't live through the entire month, they take it back. It doesn't seem fair but apparently that's the rule.
just wanna say make SURE ur actually eligible for ex-spouse survivor benefits!!! the ssa worker told me you have to have been married at least 10 yrs AND not remarried before age 60 to get them. sounds like u qualify but double check!!
I want to emphasize something important that nobody has mentioned yet. When you apply, make it CRYSTAL CLEAR to SSA that you are applying ONLY for surviving divorced spouse benefits. Some SSA representatives will automatically process your application as applying for all benefits you're eligible for, which would force you to take your reduced retirement benefit now too (deemed filing). This defeats your entire strategy. Use the specific language: "I want to restrict my application to survivor benefits only." Get the representative's name and make notes of your conversation.
Giovanni Moretti
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.
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Fatima Al-Farsi
•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!
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Miguel Diaz
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.
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AstroExplorer
•Thank you for sharing your experience! That's a good point about school attendance - my older one will be 18 before graduating high school, so I'll need to look into that paperwork. And I'm definitely planning to over-report rather than risk dealing with overpayments later.
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