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Can I claim ex-spouse survivor benefits at 60 then switch to my own Social Security at FRA?

Recently turned 60 in April 2025 and discovered I might qualify for survivor benefits based on my ex-wife's Social Security record. We divorced in 2015 after 12 years of marriage (2003-2015), and sadly she passed away in 2020 at age 50. Neither of us ever remarried. A friend told me I could potentially claim survivor benefits now based on her record, then switch to my own benefits when I reach my full retirement age at 67. My own benefit amount would be substantially higher ($3,200/month vs roughly $1,750/month on her record). I'm still working full-time making about $85,000 annually. Will this affect my ability to collect survivor benefits now? Do I need to provide our divorce decree to SSA? And most importantly - does this strategy of claiming survivor benefits now and switching to my own later actually work, or am I misunderstanding something? Any advice would be greatly appreciated!

Does anyone know if they look at your TAX RETURN from the previous year to determine your earnings? Or do they somehow track your current salary? I'm so confused about how they even know what you're making during the year when they calculate these deductions!!

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Good question. SSA asks you to estimate your earnings for the year when you apply. They'll pay benefits based on that estimate. Later, when tax information becomes available, they'll compare your actual earnings to your estimate. If you earned more than estimated, you may have to repay some benefits. If you earned less, they may send you additional payments. If your earnings change significantly during the year, you should notify SSA to avoid potential overpayments or underpayments.

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I just went through this exact situation! Few tips from my experience: 1) Apply for the survivor benefits even with your higher income. Yes, most will be withheld, but it establishes your eligibility and the withholdings aren't permanently lost. 2) SSA's online system won't let you apply for survivor benefits - you MUST call or visit in person. 3) Getting an appointment took me 3+ months, but I used Claimyr.com to reach an agent quickly who helped me complete everything by phone. 4) Have ALL your documents ready when you call: marriage certificate, divorce decree, death certificate, birth certificate, tax returns, etc. 5) The agent may encourage you to wait due to your income, but it's often better to have your application on file now. Hope this helps! Navigating this wasn't easy but definitely worth it for the long-term strategy.

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Vince Eh

Author

Thank you for sharing your experience! I'll definitely have all my documents ready. Did they need original documents or were copies acceptable when you applied?

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They accepted certified copies of everything except my own ID. For the application by phone, I didn't need to submit anything immediately - they gave me time to mail in or drop off the documents after the application was submitted. Just make sure any copies are certified!

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Can my father claim Social Security survivor benefits if he earned more than my late mother who was on SSDI?

My mother passed away last month after battling health issues for years. She worked for about 25 years in retail management before becoming disabled about 9 years ago and receiving SSDI until her death. My dad is 67 and already collecting his own retirement benefits based on his earnings as an electrician (his career earnings were definitely higher than Mom's). I'm trying to help him figure out if he's eligible for any survivor benefits based on Mom's record, or if he should just stick with his own benefits since he was the higher earner. The SSA website is confusing me with all these different rules. Has anyone navigated this situation before? Does it matter that she was on disability instead of regular retirement benefits when she passed?

one more thing DONT FORGET to return the last check if SS deposited money for the month she died!! they will take it back later anyway and charge you interest or penalties. they did this to my brother and it was a huge mess cause he spent the money not realizing

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That's a really good point - thank you! I'll check with my dad about this right away. Mom passed on the 14th of last month, so I'm not sure how that works with partial months.

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For Social Security benefits (including SSDI), if the person passes away at any point during a month, they are NOT entitled to the payment for that month. So if your mother passed on the 14th, the payment received for that month would need to be returned. If benefits are directly deposited, SSA will usually attempt to reclaim the funds electronically. If they can't, they'll send a notice requesting repayment. As the previous commenter mentioned, it's best to be proactive about this to avoid complications.

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so sorry about your mom :( my dad died last year and we had to deal with all this ss stuff too. really stressful time. we found out the funeral home actually reported his death to ssa for us, maybe yours did too? might wanna check

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Thank you. I'm sorry about your dad as well. That's a good point about the funeral home - I'll check if they reported it. We've been overwhelmed with everything and might have missed that detail.

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Social Security application question about 'benefits on your behalf' - Does this include childhood survivor benefits?

I'm filling out my retirement application and I'm stuck on this question that asks 'has anyone ever gotten SS benefits on your behalf.' My father died when I was 12 (I'm 62 now), and my mom received survivor benefits for me until I turned 18. Is that what this question is asking about? I wasn't sure if they meant benefits I received as a child or something else entirely. Don't want to answer incorrectly and delay my application!

WHY is everything with Social Security so COMPLICATED?! I swear they make these questions confusing on purpose. My sister answered this wrong and her application was delayed by TWO MONTHS while they sorted it out!!

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i know right!! and then when u try to call them its impossible to get through. spent my whole day off work last week trying to reach someone!

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If you're unsure about this or any other question on your application, it's always best to include an explanation in the remarks section. Something like: "My mother received survivor benefits on my behalf from 1975-1981 after my father passed away." This additional clarity can help prevent processing delays.

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Thank you, that's a great suggestion. I'll definitely add that explanation to make things clearer. I'm hoping to get this application submitted by the end of the week.

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Social Security survivor vs. retirement benefits - can I switch my application type before my appointment?

I've got an upcoming telephone appointment with SSA in about 3 weeks to file for survivor benefits (I'm a widow). But after doing more research, I think filing for my own retirement benefits might actually be better for me right now. I'm completely confused about this 'restricted application' concept I keep reading about. Is that something I need to do? Can I just cancel my phone appointment and apply for my own retirement benefits online instead? I've wasted so much time because an SSA rep gave me incorrect information about my Full Retirement Age and eligibility months ago. Is there any way to request retroactive benefits (up to 6 months) because of their mistake? Where in the online application would I even note that? Is there anything I can actually accomplish online right now, or should I just keep my phone appointment and sort it all out then? I'm overwhelmed but have learned so much from reading posts here the past few days. Would really appreciate any guidance on the best approach!

Thank you all so much for these detailed responses. I'm going to keep my phone appointment and come prepared with questions about both benefit types. I'll also write down my earnings record and what I know about my late husband's benefits so I can compare the numbers during the call. Since it sounds like my born-in-1956 status still allows me to choose between survivor OR retirement (just not both at once), I'll need to understand the long-term impacts of each option. Really appreciate everyone sharing their experiences and knowledge!

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my aunt tried to get retroactive and they denied her even tho they totally gave wrong info. said she couldnt prove it. good luck

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Social Security benefits denied at 62 due to earnings limit - working only 6 months in 2025

I hit 62 last September and decided to apply for SS retirement benefits starting in January 2025. Just got a letter denying me benefits for January, February and apparently the ENTIRE year of 2025! The letter mentions something about earnings limits but this makes no sense to me. I'm only planning to work seasonally from May through October next year making about $4,200 per month at my landscaping job. The rest of the year I won't have any income at all. Why am I being denied benefits for months when I'm not even working? Is SSA just assuming I'll make too much for the whole year? My total earnings for 2025 would be around $25,200 - shouldn't I still get some benefits for the months I'm not working?

i had to deal with this last yr too and went in circles for months!! they kept asking for more proof and more proof until i finally gave up and just didn't claim until this year. The system is broken!

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Did you try visiting your local SSA office in person? Sometimes that's more effective than phone calls, especially for complicated situations.

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One more important thing - when your benefits are withheld due to earnings, they're not lost forever! Once you reach FRA, SSA will recalculate and give you credit for those months, resulting in a permanent increase to your monthly benefit amount going forward. So even if you can't get the exception for non-work months, any withheld benefits do eventually come back to you in the form of higher payments later.

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Exactly right. This is the Adjustment to the Reduction Factor (ARF). For every month benefits are completely withheld due to excess earnings, SSA adjusts your reduction factor when you reach FRA. It doesn't make up for the full amount withheld, but it does increase your monthly benefit permanently.

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