Social Security Administration

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just wonderin - how long were u married to ur ex? cuz i think theres a 10 yr rule for ex-spouse benefits. if u were married less than 10 yrs u might not be eligible anyway

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We were married for 14 years, so I definitely meet that requirement! I've done some research and I know I need to have been married at least 10 years, not be currently remarried (my husband passed, so I'm not), and my ex needs to have been eligible for Social Security (which he was). So I think I qualify on all counts.

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Nia Davis

Based on all the information shared, here's what will likely happen: 1. Your phone interview on December 10th will proceed as scheduled 2. You'll explain the death certificate delay situation 3. SSA will take your application and mark it pending until the certificate arrives 4. Once you submit the certificate in January, they'll finish processing your claim 5. If approved, benefits will be paid retroactive to your application date (or the appropriate entitlement date) One important note: Since you're already receiving survivor benefits on your husband's record, SSA will determine which benefit amount is higher. You won't receive both - just the higher of the two amounts. The good news is that this switch is usually pretty straightforward since SSA already has most of your information in their system from your current claim.

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Thank you for breaking it down so clearly! That makes perfect sense. And yes, I understand I'll only get the higher of the two benefit amounts - my ex-husband's benefit would be about $780 more per month than what I'm currently receiving, so it's definitely worth making the switch. I appreciate everyone's help with this!

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To follow up on your question about earnings - SSA counts GROSS earnings toward the limit, not net after taxes. And they count it when earned, not when paid (except for special payments like bonuses or accumulated vacation pay). Given that you're only $320 below the annual earnings limit, you might want to keep careful track of your income throughout the year. Going over by even a small amount could trigger withholding of some of your widow benefits.

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That's really helpful, thank you! I'll track my earnings carefully. Would it be better to apply for widow benefits after the start of the new year when the earnings limit might increase a bit? Or should I just be careful with my hours for the rest of this year?

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One more important point - when you do go to apply for your own retirement benefits at 67, make sure you specifically tell SSA you want to SWITCH from widow benefits to retirement benefits. Don't simply say you want to "apply for retirement" or they might just give you a small increase instead of recalculating the full amount you're entitled to based on your work record. Also, you can actually file for this switch online through your my Social Security account when the time comes, which might be easier than dealing with representatives who may not understand the rules.

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This is excellent advice! I'll definitely remember to be specific about switching from widow to retirement benefits when I turn 67. I didn't realize I could do this online - that's much better than trying to explain everything to a representative who might not understand. Thank you!

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@OP Yes, there will be a gap. After your youngest turns 16, your caregiver benefits stop, and you won't be eligible again until either your own early retirement age (62) or your full retirement age. This is often called the "caregiver gap" and unfortunately, there's not much you can do about it unless you qualify for some other type of benefit. Many people return to work during this period if possible.

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THIS IS THE WORST PART OF THE SYSTEM!!! Why should the caregiver benefit just STOP at 16? Kids still need parents from 16-18/19!!! The SSA acts like teenagers can just raise themselves after 16. It's a terrible policy and needs to be changed. I hit this gap last year and suddenly lost $1300/month that we were counting on.

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One more important thing: Benefits for children and caregivers may reduce the total family benefits due to the Family Maximum Benefit limit, but they do NOT reduce your husband's own retirement benefit. His check stays the same regardless of how many dependents receive benefits on his record. And yes, you'll have a gap between when your youngest turns 16 and when you can claim retirement benefits (earliest at 62).

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thats right! my husbands check never changed when me and our son got benefits. same amount every month for him. I was worried about that too!!

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my cousin worked for ssa for 30 yrs and she always said the wep is the most complicated thing they deal with!! even the agents get confused about it sometimes lol. just keep working and saving ur money dont count on ss to save u

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Thanks everyone for all the helpful information! I'm going to try to increase my hours at the bookstore to see if I can get closer to the substantial earnings threshold, though $28,050 might be a stretch for part-time work. Even if I can't eliminate the WEP completely, it sounds like there's still value in continuing to work and pay into Social Security. I'll be keeping track of my earnings more carefully now that I understand how this works. And I might try that Claimyr service to finally speak with someone at SSA and get information specific to my situation. Really appreciate all the advice!

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Lucy Lam

Just to follow up on the survivor benefit discussion - that's absolutely correct. Maximizing your individual benefits also maximizes potential survivor benefits, which is an important consideration for married couples. To sum up your situation: 1. The "restricted application" strategy (claiming spousal while letting your own grow) is not available to you since you were born after January 1, 1954. 2. When you file for benefits, you'll be deemed to be filing for all benefits you're eligible for and will receive the highest amount. 3. At your current age of 68, your own retirement benefit has already accumulated significant delayed retirement credits and is almost certainly higher than any spousal benefit you could receive. 4. Both of you waiting until 70 to claim will maximize your individual benefits and also provide the highest potential survivor benefit for whichever of you lives longer. Based on the information you've provided, waiting until 70 appears to be your optimal strategy.

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Thank you so much for this clear summary. This has been incredibly helpful! We'll plan to both wait until 70 to maximize our benefits.

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my sister tried to do what ur talking about and SSA said no. but then she went to a different office and they told her something completely different! the right hand doesnt know what the left is doing over there lol

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Zoe Wang

This is unfortunately common. Social Security rules are complex, and even some SSA employees get confused about the nuances of the 2015 rule changes. That's why it's so important to understand your specific situation and the rules that apply to your birth year. In this case, for someone born in 1957, the rules are quite clear - restricted applications are not available.

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