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I had a similar situation with my late husband. One thing that hasn't been mentioned yet - if your sister does qualify for survivor benefits but is still under her full retirement age when she starts collecting, the benefit amount will be reduced. At age 60 (the earliest a non-disabled widow can claim), she would get about 71.5% of his full benefit amount. Each month she waits after that increases the percentage slightly until she reaches her full retirement age (probably around 67 for her age), when she would get 100% of his benefit. If she qualifies as a disabled widow and starts benefits at age 50, the reduction is even more significant - about 71.5% of his benefit. But sometimes getting some money earlier is better than waiting for the full amount. Also, while the 9-month marriage rule is generally firm, there are very specific exceptions. One exception is if the death was accidental. This probably won't apply in a terminal illness situation, but worth knowing.
Thank you for explaining the reduction percentages. That's really helpful to know. I'm wondering - if she starts receiving reduced survivor benefits early (either as a disabled widow or at 60), does that reduction remain permanent, or would it increase to 100% when she reaches her full retirement age?
To answer your follow-up question: Yes, if she claims survivor benefits early (either at 50 as a disabled widow or at 60 as a non-disabled widow), the reduction is permanent. Unlike retirement benefits, survivor benefits do not automatically increase to 100% when she reaches her full retirement age. Regarding the benefit amount - she would receive a percentage of what he's getting now, based on when she claims. At her full retirement age, that would be 100% of his current SSDI benefit. If she claims earlier, it would be a reduced percentage. One other option they might consider - if they get married and he lives at least 9 months, but she doesn't qualify for disabled widow benefits, she could apply for spousal benefits at age 62 (reduced) while he's still alive. Then after he passes, she could switch to survivor benefits, which are generally higher than spousal benefits.
I see - so the reduction is permanent. That's important to know for their planning. The option about spousal benefits while he's alive is interesting too. I'll definitely mention that to them. They're trying to balance getting married quickly (for the 9-month requirement) with making sure they understand all these complicated rules. Thanks again for all your help!
btw have u looked into an ABLE account? its a special savings account for disabled people that doesnt count against asset limits for benefits. we set one up for my son and can put money in it for him without affecting his ssi eligibility. might be good for your situation if your financially stable and want to save for her
To summarize the options for your daughter based on what others have shared: 1. Focus on thorough documentation now rather than applying while your income disqualifies her 2. Consider applying for SSI when she turns 18 (though household support may still affect eligibility) 3. Look into setting up an ABLE account to save money for her future without affecting benefits 4. Understand that for future Childhood Disability Benefits (adult SSDI without work credits), she'll need to prove: - Disability began before age 22 - She remains unmarried - A parent is deceased, retired, or disabled and receiving Social Security The most important thing you can do now is maintain excellent records of all medical appointments, treatments, school accommodations, and how her conditions affect daily functioning. This documentation will be the basis for any future claims.
wait im confused... if your spouse dies dont you get survivr benefits from social security??? my aunt got her husbands ss after he passed away and it was more than hers
It depends. The original poster mentioned her ex-spouse was also a teacher in a non-SS state (Texas), so he likely doesn't have enough Social Security credits to provide survivor benefits. You can only receive survivor benefits if the deceased spouse qualified for Social Security benefits themselves. Additionally, Government Pension Offset (GPO) would reduce any potential survivor benefits by 2/3 of her teacher pension amount, potentially eliminating them entirely.
One more thing to consider: if you haven't retired yet, you might want to delay your Social Security application until after your ex passes away (if that's potentially on the horizon). That way, the WEP reduction would be calculated using your higher pension amount from the start. This could potentially be better than having your SS benefit established and then reduced later.
Fatima Al-Sayed
one more thing nobody mentioned - divorced spouse benefits are only available if he isn't remarried!!! if he got remarried after your divorce then completely different rules apply
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Amara Okonkwo
•That's a really good point! He hasn't remarried, so he should still qualify for ex-spouse benefits. Thanks for bringing that up!
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Giovanni Marino
A quick note on benefit amounts: the maximum divorced spousal benefit at FRA is 50% of your Primary Insurance Amount (PIA), which is what you'd receive at your FRA (not necessarily what you're currently receiving on SSDI). Since your ex would be claiming early at 64, his benefit would be reduced to approximately 35-37% of your PIA. Also, I want to emphasize again that if he has his own Social Security benefit, he'll only receive the higher of either his own benefit or the divorced spousal benefit - not both. This is why getting accurate calculations from SSA is so important before making any decisions.
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Amara Okonkwo
•Thank you for clarifying this. I wasn't sure if the 50% was based on my current SSDI payment or some other calculation. This helps us understand the situation much better!
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