random question but does anyone know if this works the same way if the husband took SS early and the wife waits till FRA? my parents situation is opposite of yours

Yes, the rules work exactly the same regardless of which spouse files early. The early filer gets their own reduced benefit, and then when the other spouse files, the early filer may get a top-up if 50% of the second filer's PIA (reduced for the early filing penalty) exceeds their own benefit amount.

wait i'm confused why does everyone keep saying ex spousal benefits?? isnt that only for retirement?? i thought he needed disability benefits??? im so confused by all these different SS benefits!!

Make sure your uncle applies as soon as possible! Benefits aren't retroactive indefinitely - typically only 6 months back from application date. Since he's 85, he's potentially been eligible for many years and has missed out on significant benefits. The process can take time, especially with international documentation, so start immediately.

One crucial point that hasn't been mentioned: while claiming divorced spouse benefits doesn't require your ex to be receiving benefits, he does need to be age-eligible (at least 62). Since you mentioned he's 66, this requirement is already met. Even though your own benefit will be higher, it's still important to mention your eligible divorced spouse status when you apply. This ensures the SSA does the proper calculations and comparison. Given your substantial benefit amount ($2,950), I strongly recommend waiting until your Full Retirement Age to avoid permanent reductions. If your financial situation allows, waiting until 70 would increase your benefit by approximately 32% to around $3,900 per month for the rest of your life.

To answer your question about the break-even point for delaying benefits from FRA to age 70: Generally, you'd need to live until approximately 82-83 years old to break even. Every month you live beyond that age, you're coming out ahead by having delayed. With women's average life expectancy now in the mid-80s and continuing to increase, delaying benefits is often a smart financial decision, especially for women with family histories of longevity. It's essentially longevity insurance. Delaying also maximizes potential survivor benefits should you remarry. Something to consider in your overall planning.

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