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One more thing to remember - fixing this isn't just about your retirement benefits. Your Social Security earnings record also affects potential SSDI benefits if you ever become disabled before retirement age, and could impact survivor benefits for your family. So there are multiple reasons to make sure your record is accurate.
I hadn't even thought about that aspect. Really appreciate everyone's advice here. I'm going to gather all my documentation and keep moving forward with getting this fixed.
just wondering but did you ever file a tax return that year with the wrong ssn? cuz if so the irs shouldve caught it?? or did the employer just report the wrong ssn to ssa but your w2 copy had the right one?
That's the weird part - the W-2 I received and filed my taxes with had my correct SSN. It seems like what they reported to SSA had the wrong number. The fraud case was mainly about them not submitting the taxes they withheld, but apparently they also messed up the reporting.
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when my grandpa died my grandma got his SS instead of hers because his was higher. its called something like maximum benefit rule? might be different with the pension thing tho
You're thinking of the right concept, but it works a bit differently. Normally, a surviving spouse can receive up to 100% of the deceased spouse's benefit if it's higher than their own retirement benefit. However, in this case, the GPO (Government Pension Offset) rule comes into play because the surviving spouse has a non-Social Security pension. This specifically affects government workers who didn't pay into Social Security. The GPO will reduce any survivor benefits by 2/3 of the pension amount. So while the principle of getting the higher benefit applies, the pension offset will likely eliminate most or all of the potential survivor benefit in this specific situation.
Thank you everyone for your helpful responses. I spoke with my friend today and explained what I've learned here. He's going to apply for the survivor benefits anyway, just to make sure he doesn't miss out on anything he might be entitled to, even if it's just the $255 death benefit. I'll help him use the Claimyr service to get through to SSA without spending hours on hold. It's disappointing that the GPO will likely eliminate any monthly survivor benefit, especially since his wife contributed to Social Security her entire working life. But at least now he understands how the system works and what to expect. I really appreciate everyone taking the time to share your knowledge and experiences during this difficult time.
You're being a good friend. Another thing to consider - if your friend ever worked enough in jobs covered by Social Security (at least 10 years/40 credits), he should also check if he qualifies for his own Social Security retirement benefit. The Windfall Elimination Provision (WEP) might reduce it, but it's calculated differently than the GPO and he could potentially receive something.
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i forgot to mention my sister had a similar problem but she was getting close to FRA and only had like 6 months to go so she just reduced her work hours for those months to get under the earnings limit and got some benefits. might not work for you if your younger but something to think about if your close
That's a creative approach! I'm still over 3 years away from FRA, so reducing work hours for that long wouldn't make financial sense for me. But it's a good strategy to keep in mind as I get closer to that age.
One last thing I'd recommend - schedule an appointment with SSA about 6 months before your FRA to review your survivor benefit eligibility and exact benefit amount. They'll need your ex-husband's death certificate and marriage/divorce records if you haven't already provided them. Also, keep documentation of your ex's earnings history if you have access to it, as survivor benefits are based on his earnings record and sometimes mistakes happen. The SSA's estimates aren't always accurate, so it's worth verifying everything in advance.
Great advice! I'll definitely schedule that appointment 6 months before my FRA. I have copies of our marriage certificate and divorce decree, but I'll need to request his death certificate. I don't have his earnings history, though - hopefully SSA has accurate records.
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wait i just thought of something - have you checked if you qualify for mother's benefits? or are your kids all over 16 already?
Our kids are all adults now (youngest is 22), so I don't think mother's benefits would apply in my case. But thank you for the suggestion!
I want to add one important point: if you're worried about future financial security, now is a good time to start planning beyond potential Social Security benefits. Since your husband has a pension and you're considering returning to work, you might want to explore opening a catch-up IRA or other retirement vehicles. Many stay-at-home parents face this situation, and there are financial strategies specifically designed for people who've been out of the workforce. Regarding your original question, when you speak with SSA, ask specifically about the "minimum survivor benefit" which might apply in cases with limited covered employment.
Thank you for mentioning the "minimum survivor benefit" - I hadn't heard of that term and will definitely ask about it. And you're absolutely right about planning beyond Social Security. I've been thinking about our retirement planning more seriously lately. I'll look into catch-up IRA options as well. Really appreciate the advice!
Yara Khoury
I went thru divorce after 22 yr marriage. My ex gets SSDI too. When I turned 62 I got half his disability but it was reduced cause I took it early. They didn't even ask me which one I wanted they just automatically gave me the higher amount witch was my exs half. Social security is confusing!!!
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AstroAlpha
•THIS IS THE CORRECT ANSWER! When you apply, SSA automatically gives you the highest benefit you're eligible for. They CALCULATE both options and PAY YOU the higher amount. It's not about picking one or the other anymore.
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Ava Rodriguez
The original poster has outlined the correct approach in their last comment. To summarize this thread with accurate information: 1. Due to the deemed filing rules for those born after 1954, you can't file a restricted application to claim ex-spouse benefits first, then switch to your own later. 2. When you apply for benefits, SSA will calculate both your own retirement benefit and your ex-spouse benefit (50% of their PIA), and pay you the higher of the two amounts. 3. If you claim any benefits before your full retirement age (67), they will be permanently reduced. 4. Working while collecting benefits before FRA will subject you to the earnings test, which may temporarily reduce your benefits. 5. The mathematically optimal strategy (if you can afford it) is usually to wait until 70 to claim the higher of the two benefits, especially if you expect to live beyond approximately age 82.
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GalacticGuardian
•Thank you all so much for the helpful information! This clears up my confusion. I'll create my SSA account, check my own benefit projections, then call them to ask specifically about what I could get from my ex's record. Based on those numbers and considering how long I plan to work, I'll make a decision about when to apply. Really appreciate everyone's help!
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