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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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One more important thing: when your father-in-law goes to his appointment, he should bring his and your mother-in-law's: - Birth certificates - Marriage certificate - Her death certificate - Most recent tax return - His Social Security card Also, he should be prepared to provide information about any previous marriages either of them had, including dates and documentation if available. And absolutely have him use the exact phrase "I want to file a restricted application for survivor benefits only while delaying my retirement benefit until age 70." Being very specific with this language helps ensure he gets the correct outcome.
Thank you for this detailed list! He has all those documents ready - I made sure he gathered everything after mom passed away. I'm going to have him practice saying that exact phrase so he doesn't get flustered during the appointment. This is all so stressful on top of still grieving.
my uncle did this i think. he got my aunts benifits after she died but then swtiched to his own later when he turned 70. he said it was confusing but worked out good in the end. hope your father in law gets what he deserves!!
That's encouraging to hear! It's exactly what we're trying to do. It's such a common situation that I'm surprised the SSA representatives aren't better trained on it. But from everything I've read here and elsewhere, it sounds like we just need to be persistent and clear about what we're asking for.
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One more thing to consider: if you do apply for retirement while waiting for SSDI, make sure to tell SSA that you want the disability onset date preserved. This technical detail ensures you get the maximum possible retroactive benefits if your disability claim is approved. There's a specific way they need to note this in your file. Also, since you mentioned being an amputee, your condition might qualify under the Compassionate Allowance program, which could speed up your disability decision significantly. Did your disability examiner mention this possibility to you?
Thank you for that important detail about preserving the onset date! No, nobody mentioned anything about a Compassionate Allowance program to me. I'll definitely ask about this when I contact SSA. Is this something I need to specifically request, or should they automatically consider it based on my medical condition?
They should evaluate your case for Compassionate Allowance automatically based on your medical records, but it never hurts to specifically mention it. Certain amputations do qualify, though it depends on the specifics of your condition. When you speak with SSA, just ask if your case is being considered under the Compassionate Allowance program. If it is, that could reduce your wait time from months to weeks. Regarding preserving your onset date while receiving retirement - this is something you should explicitly request when applying for retirement benefits. Just tell them: "I want to file for retirement while my disability application is pending, but I want to preserve my disability onset date." They'll know what to do, but having it noted properly in your file can make a big difference in potential back payments.
This is extremely helpful information - thank you! I'll make sure to use those exact words about preserving the onset date. I really appreciate everyone's advice here. I'm going to contact SSA tomorrow and apply for my retirement benefits while continuing with the disability process. At least that will give me some income while I wait for the final SSDI decision.
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wait do we need to print it? cant we just save the pdf? my printer is always out of ink lol
Saving the PDF is perfectly fine too! The key is having documentation of what your account showed before you applied. A digital copy with the date clearly shown works well. Just make sure you store it somewhere you can easily access later if needed.
Thanks everyone for the helpful responses! I printed out my full statement (all 5 pages) and found one year where my earnings seemed lower than I remembered. Going to dig up my W-2 from that year to compare. So glad I asked this question before applying!
That's exactly why printing/saving it is so important! If you find a discrepancy, contact SSA right away with your documentation. And when you do apply, bring both your statement and any correction documentation to your appointment or have it ready if applying online. Good luck!
Sean Murphy
One more thing to consider: the lawyer should be willing to withdraw if they don't think they can win your case. Be wary of anyone who promises they can definitely win - honest attorneys will tell you your odds based on your specific situation. Also ask if they'll handle your case personally or if you'll be working primarily with paralegals.
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Chloe Harris
•That's good to know. Do you think it's better to use a local attorney who can meet in person or does it not really matter since everything is remote now?
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Nia Davis
I forgot to mention: once you hire a lawyer, make sure they get ALL your medical records, not just from specialists. My general doctor had notes about my fatigue and cognitive issues that ended up being crucial evidence. Also, if you've been hospitalized for your condition, those records are extremely important.
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Luca Ferrari
•also get statements from family/friends who see ur struggles everyday!! my sister wrote a letter about how she has to help me with basic tasks and the judge mentioned it specifically during my hearing!!
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