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Just want to add something most people don't realize - if your ex dies, the rules change completely! Then you'd be eligible for survivor benefits which could be up to 100% of what your ex was receiving (not just 50%). Since he's 68 and already collecting, this is something to be aware of for future planning, even though nobody wants to think about that scenario.
That's actually really helpful to know. I hadn't considered survivor benefits at all. So if my ex passes away, I could potentially receive his full benefit amount if it's higher than mine? Is there any way to know what he's receiving now so I can compare it to my own PIA?
You're correct that survivor benefits work differently. If your ex passes away, you could receive up to 100% of what he was receiving (not just 50% of his PIA). However, SSA won't tell you what your ex-spouse is receiving - that's private information. You'd only find out the survivor benefit amount if/when you apply for it after his passing. But you could make an educated guess based on his work history - if he had higher earnings than you throughout his career, his benefit might be higher than yours. If you're unsure, it's best to file for survivor benefits if that unfortunate event occurs, as SSA will automatically give you the higher of the two benefits anyway.
Thanks everyone for the helpful explanations. I feel much clearer about my options now. Since I was born in 1958, I'm subject to the newer rules and can't do a restricted application. I'm going to crunch some numbers to decide whether to claim now at my FRA or wait until 70. Given my family history of longevity (both parents lived past 90), I'm leaning toward waiting to maximize my lifetime benefit, but I need to make sure I can afford to wait financially. I still wish the SSA rep had explained all this to me on the phone! They just said "no" without explaining why or what my options were. Really appreciate everyone taking the time to walk me through this.
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one more thing - make sure ur getting the EXACT right amounts. my mom thought she was getting everything she should but my sister looked into it and found out mom was being underpaid by almost $200/month for like 3 years!!! ssa gave her backpay but only after a big fight
That's concerning! Did your mom have to provide any special documentation to prove she was being underpaid?
Just to add some clarity: When you reach FRA, you should receive a letter from SSA about your SSDI converting to retirement benefits. That's the perfect time to inquire about divorced spouse benefits. Be prepared with your marriage certificate and divorce decree. SSA should be able to look up your ex's record with his SSN, but if you don't have it, they can usually find it with his full name and date of birth. The divorced spouse benefit calculation is: 50% of your ex's PIA minus 100% of your own PIA. If the result is positive, you get that amount added to your benefit. If it's zero or negative, your benefit stays the same.
Thank you for explaining the exact calculation! I'll make sure to have my marriage certificate and divorce papers ready. I appreciate everyone's help in understanding this complex topic.
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One more important thing - if you decide to take your own retirement benefit early at 62 while waiting to switch to survivor benefits at FRA, be aware that you must explicitly FILE FOR AND RESTRICT YOUR APPLICATION to retirement benefits only. Otherwise, SSA might automatically give you the higher of the two benefits, which could prevent you from using the strategy of switching later. This is one of those technical details that's incredibly important but often not explained clearly. When you do speak with an agent, specifically ask about the "restricted application" process for your situation.
This is so true! My friend didnt know about this restriction thing and ended up missing out on thousands of dollars because she didn't file correctly. The SSA people didn't even tell her about this option until it was too late. Always specifically ASK about all your options!
Hey just wondering did you ever get through to SSA? If you do get ahold of them can you post back what they said about your case? Im in a similar situation except I was married 12 years and I'm wondering how they calculate the amount for an ex spouse.
I haven't been able to get through yet, but I'm going to try that Claimyr service someone mentioned above. I'll definitely post back once I speak with SSA and let you know what they say about calculating ex-spouse survivor benefits. From what I understand so far, it should be the same as if you were still married when they died, as long as you met the 10-year requirement.
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wait i just remembered something. my brother also had to deal with this with his wifes check. he said if u cant get a fixed 1099 in time for taxes theres a line on form 1040 somewhere to put "repaid social security benefits" or something. maybe someone who knows more can explain better. but there IS a way to fix it on tax forms if SS is being slow about sending new 1099
Your brother is partially correct. If the benefits were received and repaid in the same year (as in OP's case), the corrected 1099 is the proper solution. If benefits were repaid in a different year than received, then you'd use the line 7 on Schedule A for "Repayment of income reported in an earlier year" if over $3,000, or as a miscellaneous itemized deduction subject to the 2% floor if under $3,000. But since OP's situation is same-year, a corrected 1099 is the right approach.
Thank you all so much for the helpful advice! I'm going to try calling the SSA tomorrow morning as soon as they open to request a corrected 1099-SSA. I've gathered all my documentation - the original deposit receipt, bank statement showing the repayment check cleared, and the letter I received from SSA acknowledging the repayment. If I can't get through by phone, I'll try making an appointment at my local office. And I'll definitely check out that Claimyr service if I keep having trouble reaching someone. I really appreciate everyone sharing their experiences. It helps to know I'm not alone in dealing with this confusing situation.
Dmitry Sokolov
Smart approach! One more thing to consider in your decision: If you're still working and plan to continue past age 65, option #3 (waiting until FRA) might be best because you avoid the earnings limit completely. But if you're not working or earning under the threshold, then comparing the actual benefit amounts for options 1 and 2 makes the most sense. And remember that spousal benefits don't earn delayed retirement credits past FRA, so there's no advantage to waiting beyond your FRA of 67.
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Sofia Torres
make sure u ask them about medicare too! you should still sign up for that at 65 even if you delay SS benefits otherwise theres a penalty
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