Quick update on what I said earlier - I just remembered something important. If you're really close to the appeal deadline and still don't have the medical records situation sorted out, you can request an extension of time for the appeal. Submit form SSA-795 (Statement of Claimant) and specifically request additional time due to difficulties obtaining medical evidence and representation issues. While extensions aren't automatically granted, they're often approved when there are legitimate obstacles like what you're experiencing. Also, when you go to the SSA office, ask specifically for a Technical Expert (TE) as they have more authority to help with complex situations than the regular Claims Representatives.

You can request one when you arrive, but it might help to call ahead (if you can get through) and specifically ask for an appointment with a Technical Expert for a complex disability appeal situation. TEs usually don't work the front desk, so they need to know in advance that their expertise is needed.

To clarify some information here: As a disabled surviving divorced spouse, you're eligible since your marriage lasted over 10 years. The benefit calculation will work like this: 1. SSA will calculate your ex-husband's Primary Insurance Amount (PIA) 2. As a disabled widow, you'll receive 71.5% of his PIA if you claim now at age 56 3. This percentage reduction is permanent (unless you switch to retirement benefits later) 4. SSA will compare this amount to your current SSDI 5. You'll receive the higher of the two amounts Since you're already receiving SSDI, there's no 5-month waiting period for survivor benefits. Any increase will be effective from your application date (or up to 6 months retroactively if you request it). Your Medicare will continue unaffected. When you turn full retirement age (FRA), you may want to reassess which benefit to take, as the reduction for early claiming no longer applies at that point.

just wondering did your ex have any kids? my friend told me that can affect the benefit amounts too something about family maximum

Just to add some specifics about the potential difference in benefits: Let's say the ex-husband's Full Retirement Age (FRA) benefit on his own record would be $1,500/month, and your cousin's FRA survivor benefit would be $2,200/month. If he takes survivor benefits at 62, he'd get roughly $1,793/month (reduced from $2,200). Then at 70, he could switch to his own retirement, which would be about $1,860/month ($1,500 + 24% delayed credits). The math can get complex and depends on their exact earnings records, but the strategy of taking reduced survivor benefits now and switching to his own at 70 could mean tens of thousands of dollars more over his lifetime compared to other filing strategies. Definitely worth having him talk to SSA about the exact numbers in his case!

When he speaks with SSA, he should specifically request a "survivor benefit estimate based on his deceased ex-wife's record" as well as a "retirement benefit estimate on his own record with delayed credits to age 70." There's no specific form for comparing these scenarios, but a knowledgeable SSA representative should be able to provide both estimates. He should take detailed notes during the call including the representative's name and direct number if possible. Keep in mind that any survivor benefits received before FRA will be subject to the earnings test if he's still working. In 2023, benefits are reduced by $1 for every $2 earned above $21,240. Also important: make sure he specifically states he wants to file a "restricted application for survivor benefits only" - this language is key to ensuring they process it correctly.

Another issue nobody's mentioning - SSA would need to REHIRE many retirees temporarily just to handle this workload if it passes. Most current staff don't even understand the WEP/GPO calculations because they're so complicated!!! The institutional knowledge is walking out the door every month with retirements. When they implemented the Bipartisan Budget Act changes a few years back, it was CHAOS for months because they didn't provide enough training or staff. I can't imagine how they'd handle millions of recalculations without a MASSIVE budget increase.

To address a few points raised in this thread: 1. The 5-year phase-in is actually a responsible approach given SSA's current capacity constraints. Without it, the system might face complete gridlock. 2. The Congressional Budget Office estimates implementation would cost approximately $90-100 million in administrative expenses during the first year alone. 3. Funding challenges are significant - SSA's budget has remained relatively flat for years despite workload increases of 20%+. 4. Regarding hiring retired SSA employees - there are actually provisions allowing federal agencies to bring back annuitants in crisis situations without pension offset, which could potentially be utilized here. The fundamental issue remains that benefit policy and administrative capacity must be addressed simultaneously for effective implementation.

this reminds me I need to update my beneficiaries on my 401k... been meaning to do that since my divorce last year

One thing nobody mentioned - be careful with that financial advisor! My dad's advisor tried to get him to move money around after mom died and it turned out he was just trying to generate commissions. Make sure your advisor is a fiduciary (legally obligated to act in your best interest) and not just a salesperson. Some advisors don't understand how SS benefits work at all!