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btw if he gets ssi he'll probably qualify for medicaid and snap too. auto enrollment in most states. at least that would help with food and medical care while waiting for everything else.
One more thing about SSI - make sure your brother understands they'll check his living situation. If he's living with family who provide food and shelter without charging him fair market value, SSA may reduce his SSI payment by up to 1/3 (this is called "in-kind support and maintenance"). Not saying he shouldn't apply, just be prepared to document any rental agreements or contributions he makes toward his living expenses.
I WENT THROUGH THIS EXACT THING!!! The SSA incorrectly told me I qualified when my ex died, then 6 months later said I didn't because we were only married 9 years and 10 months!!! They made me pay back ALL THE MONEY with interest! Your friend needs to be 100% sure before applying. The 10-year rule is strict and they count to the exact day. If they were married 8 years there's no way she qualifies as a surviving divorced spouse.
I need to correct my earlier response. I confused the 9-month duration requirement for current spouses with the requirement for divorced spouses. For divorced spouse survivor benefits, the 10-year marriage duration does apply. I apologize for the confusion. Your friend should still contact SSA directly to discuss her options, but based on an 8-year marriage, she likely won't qualify for survivor benefits on her ex's record.
Another consideration is the future of Social Security itself. While benefit cuts aren't imminent, the trust fund is projected to face challenges in the 2030s. Some financial planners argue this uncertainty provides a slight preference for claiming earlier rather than later, though any actual changes would likely impact future beneficiaries more than current ones. However, it's worth noting that historically, when changes have been made to shore up the system, existing beneficiaries and those close to retirement age have typically been protected. The most prudent approach is to make your decision based on current rules while staying informed about potential legislative developments.
I worry about this ALL THE TIME!!! What if they cut benefits before we even get to collect?? Or what if they raise the full retirement age AGAIN? My parents could retire at 65 but mine is 67... who knows what they'll do next! Maybe we should just grab what we can get NOW before they change everything???
After reading through this discussion, I want to suggest a specific strategy for your situation: Since you're both still working part-time, consider having one of you file at FRA (not 62) and the other delay until 70. This accomplishes several things: 1. Avoids the early filing reduction of 30% at age 62 2. Minimizes the earnings test impact since you'll be at FRA for one benefit 3. Provides some Social Security income during your 60s 4. Still maximizes one benefit for longevity protection 5. Creates a higher survivor benefit for whichever of you outlives the other With nearly identical earnings records, it doesn't matter significantly which one of you delays and which claims at FRA. This approach provides a balanced middle ground between claiming everything early vs. delaying everything.
To address your original question more precisely: You were told incorrect information. The 2013 application for spousal benefits is completely separate from survivor benefits. Here's what you need to do:1. Call SSA at 1-800-772-1213 and specifically state that you need to file for survivor benefits following your husband's death.2. Mention that you already understand GPO will affect the benefit, but you still need to file a new application.3. If possible, schedule an appointment at your local office rather than trying to handle it by phone.4. Gather your husband's death certificate, your marriage certificate, and information about your pension.5. Be aware that you can receive up to 6 months of retroactive benefits from your filing date, so file as soon as possible.Despite both being affected by GPO, survivor benefits use a different calculation than spousal benefits, and many people who received $0 in spousal benefits do receive some survivor benefits.
GalacticGuardian
Doesn't matter actually if he applies now or not! survivor benefits are the same either way! someone told me this at my husband's funeral
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Sean O'Brien
•I'm afraid that's not accurate. Whether your brother-in-law applies for benefits before passing does impact the survivor benefit calculation. If he doesn't apply at all, your sister's survivor benefit would be based on his full PIA (Primary Insurance Amount). If he applies early, the RIB-LIM provision would limit her survivor benefit as explained above. This is why getting accurate information directly from SSA is crucial.
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Chloe Davis
Thank you all for your thoughtful responses. This is more complicated than I realized, but I now have a much better understanding of how the survivor benefits work. My sister and I will help my brother-in-law contact Social Security this week to discuss their specific situation and get accurate benefit estimates. It sounds like there are advantages and disadvantages to filing now versus not filing, and we need to understand those tradeoffs based on their specific benefit amounts. We'll also look into that service for connecting with SSA more quickly. I really appreciate everyone sharing their experiences and knowledge during this difficult time.
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