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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
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.
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.
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!
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.
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.
omg i remember when I got slapped with an overpayment notice for $12k from SSA because of some weird calculation with my sons SSI and my work. i fought it for like 8 months and they eventually reduced it but it was such a nightmare. document EVERYTHING. save all letters, take notes of every call with who you talked to and what they said. trust me on this one!!
Based on everything you've shared, I recommend taking these specific actions: 1. Visit your local SSA office in person (make an appointment first) and bring: - All pay stubs showing your PCA income year-to-date - A written statement detailing your work activity - Your concerns about potential overpayment 2. Request to speak with a Technical Expert or Claims Specialist specifically about the interaction between child-in-care benefits and the earnings test 3. Ask for a written explanation of how your specific state's PCA program income is counted for earnings test purposes 4. Consider requesting voluntary suspension of benefits until this is resolved 5. Set up an SSA online account if you haven't already to monitor your benefits The child-in-care benefit is subject to the annual earnings test, but there can be complexities with how certain types of income are counted. Getting clear documentation now will help protect you later.
Thank you for this detailed action plan! I'll call tomorrow to set up an in-person appointment. I do have an SSA online account but it doesn't show much detail about the earnings test calculations. Your advice about asking for a Technical Expert is really helpful - I didn't know to ask for someone with that specific title.
Just to clarify something important about survivor benefits that many people misunderstand: If you're already at full retirement age when you apply for widow's benefits, you'll get 100% of your deceased spouse's benefit amount. But if you take your own retirement early (before your FRA), and then later switch to survivor benefits, your survivor benefit won't be reduced. However, if you take survivor benefits early (before your survivor FRA), they will be reduced. The reduction amounts are different than for regular retirement benefits. This is why it's so important to compare scenarios like the agent did for you. Sometimes taking your own reduced benefit first, then switching to survivor benefits at your FRA is the best strategy.
Thank you for this explanation! That's exactly what the agent was showing me - that I could take my own reduced retirement now at 63, then switch to the full survivor benefit when I reach my FRA at 66 and 8 months. The numbers worked out better than waiting for everything. The GPO will reduce it some but not enough to change the strategy.
My mother had a similar experience when my dad passed. She was shocked they answered all her questions by phone. I think people don't realize that for many common situations (especially straightforward survivor benefits), they've really improved their phone service. Now getting through and not being on hold for 2 hours is another story...
Carmen Ortiz
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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Ethan Davis
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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