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they asked me for a letter from his doctor about his care needs and why he cant be left alone. i also gave them his guardianship papers and IEP from when he was in school showing his severe disability. and my work schedule showing i only work part time now to care for him
To answer the recent question - grandparents can qualify for this benefit in place of parents if they are the legal guardian providing care for a disabled individual receiving survivor benefits. The same criteria apply regarding care requirements and work limitations. One important note for everyone: If approved, the Mother's/Father's benefit is generally 75% of the deceased person's primary insurance amount, but may be reduced by the family maximum benefit limit if multiple people receive benefits on the same earnings record. This is something to be aware of when calculating potential benefit amounts.
WAIT i just realized something!!! Was your husband already collecting disability before switching to retirement??? Because that changes EVERYTHING about how they calculate this!!!
After reading through this thread and your responses, I'm confident the SSA made the correct determination, but they failed to explain it properly. Based on the numbers you've shared, your husband's PIA is likely around $1,300, which exceeds 50% of your PIA ($1,065). Even though his actual payment is reduced to $935 because he's claiming early, the spousal benefit calculation still uses the PIA amounts. I'd recommend requesting a detailed breakdown of both your PIAs from SSA and the spousal benefit calculation so you fully understand the determination.
My friend's husband died last year and she got survivors benefits at 60 without any earnings test! why is that different from retirement?
Survivor benefits and retirement benefits have different rules. While survivors can claim as early as age 60 (with a reduction), they're still subject to the earnings test if they're working and under their FRA. However, the reduction formula is different for survivors than for retirement benefits. If your friend isn't working or earns under the limit, she wouldn't see any withholding due to the earnings test.
When I had to figure out my strategy, I made a spreadsheet comparing different scenarios. Have you run the numbers for: 1) Claim at 62 + part-time work, 2) Work full-time until 63 or 64 then claim, and 3) Work until FRA? Each year you delay claiming increases your benefit by about 7-8%. It's really a math problem specific to your situation.
That's a smart approach. I'll definitely make a spreadsheet comparing the different options. I'm still hoping to find a new full-time job, but at my age that's uncertain. At least now I understand how the earnings limit works if I do need to claim early and work part-time. Thanks for the suggestion!
My mom had 2 exs too and she got a really raw deal from SS!!! They wouldn't let her claim on dad's record even tho they were married 11 yrs because some paperwork issue with the divorce decree. MAKE SURE all your documents are perfect because they look for ANY reason to deny claims!!!
This is important advice. You do need proper documentation, but if you have legitimate marriage and divorce records that show marriages of 10+ years each, the SSA cannot legally deny your right to claim on either ex-spouse's record (assuming you meet all other eligibility requirements). If you encounter problems, ask to speak with a supervisor or file a formal appeal.
Thanks everyone for the helpful responses! I'm going to gather all my documentation (marriage and divorce certificates for both marriages) and try to speak with someone at SSA who can look at all three potential benefit amounts. I appreciate the tip about Claimyr since I've been struggling to get through on the phone. It sounds like I need to wait until my Full Retirement Age to get the maximum ex-spouse benefit, and there's no advantage to waiting beyond that point if I'm claiming on an ex's record. I'm relieved to know I don't need to contact either ex-husband about this process!
That's a good plan. One more important point: you can actually file for different benefits at different times. Some people file for ex-spouse benefits at their FRA, then switch to their own benefit later at 70 if it's grown to be larger than the ex-spouse benefit. This strategy can sometimes maximize lifetime benefits, though it depends on your specific benefit amounts. The SSA representative should be able to discuss this option with you as well.
Oliver Wagner
One more thing I forgot to mention - when you call back, try to use their exact terminology. Instead of just saying your daughter "needs care" or "has disabilities," be specific about the "exercise of parental control and responsibility" and that you "provide personal services, supervision and direction" - those are the exact phrases from their policy manual that they're trained to look for.
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Yara Haddad
•That's incredibly helpful! I'll make sure to use those specific phrases. I wasn't prepared for how technical the conversation would be last time.
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GalaxyGazer
good luck!! update us after u call again! my aunt might be in same situation soon
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