Social Security Administration

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I was in a similar situation last year. Divorced after 22 years, started my own SS at 66. Found out my ex was a high earner so I applied for divorced spouse benefits. Took FOREVER to process (about 3 months) but I ended up getting an additional $320/month because half of his benefit was higher than my full benefit. Definitely worth checking into!! They did ask for my marriage certificate and divorce decree, so tell your friend to have those ready.

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That's encouraging! I'll let her know. Did you have to provide his SSN when you applied? She's worried about that part.

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To answer your follow-up question: No, she doesn't need his SSN to apply. The SSA can locate his record with his name, date of birth, and place of birth. She should bring her own identification, her Social Security card, birth certificate, marriage certificate, and divorce decree to prove she meets the requirements. Also, to clear up some confusion in this thread: If she's entitled to both her own retirement and a divorced spouse benefit, she'll receive her own benefit plus the difference if the divorced spouse benefit is higher. So if her own benefit is $1000 and 50% of his is $1400, she would receive $1400 total (not $2400). But if her own benefit is $1500 and 50% of his is $1400, she would just continue to receive her $1500.

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Thank you for this clear explanation. I'll share all this with her. Between managing her own health issues and tight finances, she's been reluctant to look into this, but it sounds like it could really help her situation with no downside.

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I just realized nobody asked - does the wife have children under 16? If your friend and his wife had kids who are still minors, she could potentially receive benefits as a mother caring for his children, even after divorce. This doesn't have the 10-year marriage requirement. But since you mentioned they don't have kids together, this wouldn't apply.

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No, they don't have any children together. She has adult children from a previous relationship but that wouldn't apply here. Thanks for checking though!

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Has your friend talked to a divorce attorney who specializes in situations involving disability benefits? My neighbor went through something similar and said her lawyer gave her better advice than SSA did because he understood both the SS rules AND how they interact with divorce law in our state. Might be worth the consultation fee.

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That's a really good point. I think he's met with a general divorce attorney but not one who specializes in cases involving disability benefits. I'll suggest this to him.

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OH WAIT!! Totally forgot to mention - at some point during the online application it's going to ask you questions that seem repetitive about your work history. Don't skip these! My husband did and it delayed his application by weeks because they had to call him to verify information he could have just entered online. And a quick question for others on this thread - does accepting SS retirement benefits affect the potential survivor benefits my spouse would receive if I pass away first? We haven't been able to get a straight answer on this.

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Thanks for mentioning the work history section - that's definitely important to complete carefully. Regarding survivor benefits: Your spouse's survivor benefit would be based on your benefit amount at the time of your death. So by waiting until 69 to claim (past your FRA), you've already increased any potential survivor benefit your spouse would receive. Claiming now versus waiting longer only affects future accrual of delayed retirement credits that would further increase both your benefit and any survivor benefit.

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are u sure u shud file online?? my cousin did that and his application got lost for 3 months!! he had to start over in person. just sayin maybe go to the office if u can

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Online applications rarely get truly "lost" - more likely there was missing information that required follow-up. The online system is actually quite reliable now, especially for straightforward retirement claims. In-person appointments currently have a 3-4 month waitlist in most offices, so online is generally the fastest option for retirement benefits.

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my frend worked for school district 26 yrs now gets $0 from husbands SS even tho he paid in 45 yrs! system is rigged against teachers

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EXACTLY!!! Meanwhile Congress refuses to fix it but keeps their own special retirement system! My congressman promised he'd vote to repeal GPO/WEP during his campaign but hasn't done ANYTHING since getting elected. What a surprise...

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One final suggestion - even though your calculation shows $0 benefit, it might still be worth calling SSA to verify your specific situation. There are occasionally special circumstances or provisions that might apply in individual cases. For instance, if you had any substantial earnings under Social Security yourself (not just your teacher's pension), the calculation becomes more complex and potentially more favorable. Also, having the calculation officially done can help with future planning, especially regarding survivor benefits should your spouse pass away before you (survivor benefits are also subject to GPO, but the calculation is different). Keep in mind that when you do call, try to speak with someone who specifically understands GPO/WEP provisions, as not all representatives are equally familiar with these complex rules.

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That's a really good point about survivor benefits. I did work briefly in the private sector in my 20s, but it wasn't many years. I think I'll take your advice and make that call just to have everything professionally calculated and on record for future planning. Thank you for the thoughtful suggestion!

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just wondering why ur dad never applied for SS benefits when ur mom passed? My husband got a small check even with his city pension when I check the SS rules online

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We were told by friends (also teachers) that the GPO would eliminate any survivor benefits completely. I think we just assumed it wasn't worth trying. Looking back, we should have at least applied and gotten an official determination.

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Based on all the information shared, here's what your father should do: 1. Apply immediately for both his own retirement benefits and survivor benefits from your mother 2. Specify he wants to apply despite having a non-covered pension (his teacher's pension) 3. Bring documentation of his pension amount, his SS earnings history, and your mother's death certificate and SS number 4. Request that SSA calculate his benefit both under current rules and under the new WEP reform rules 5. Ask specifically about the special provision for beneficiaries over 73 (your father qualifies at 79) Even if he gets denied or gets a very small amount now, having an application on file is important as the new rules phase in during 2025. The system is definitely complicated with government pensions involved, but it's worth pursuing - even a small monthly benefit adds up over time.

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Thank you for laying out these specific steps. I'll help my dad gather all these documents and get his application submitted. I appreciate everyone's helpful advice!

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