My husband went through this exact situation 3 years ago with Prudential. He signed their papers, they assigned a lawyer, and he got approved for SSDI on the first try (which is rare!). When his backpay came in (about $17k), we had to pay back Prudential. It felt unfair but was in the policy contract. One thing to watch for - make sure they calculate your ongoing benefits correctly after SSDI kicks in. They made errors in my husband's case and we had to fight to get it fixed.

They calculated his SSDI amount incorrectly (used the wrong dollar amount) which made his LTD payment too low. Then they didn't account for the fact that his dependent also received a small SSDI benefit, which shouldn't have affected his LTD but they counted it anyway. We had to send multiple letters and make many calls to get it fixed. Keep ALL paperwork from SSA showing exact benefit amounts, and double-check their math!

To answer your question about applying right away: Yes, you should definitely apply for survivor benefits as soon as possible. Benefits can be paid retroactively for up to six months, but no further back than that, so delays in applying could result in lost benefits. While the GPO will reduce the amount, receiving even a reduced benefit is better than nothing. Also, the application process will give you a definitive calculation of exactly how the GPO affects your specific situation. When you apply, bring documentation of both your husband's death and your marriage, as well as information about your pension. They'll need to know the exact amount of your government pension to calculate the offset correctly.

sorry about your husband passing. my neighbor had almost the same situation with her county job and she said she still got the $255 death benefit at least. not much but better than nothing i guess

The advice here is mostly good but I want to clarify something important: with ALS, there is NO 5-month waiting period for SSDI benefits like there is with other disabilities. Also, Medicare eligibility begins immediately after SSDI approval rather than the normal 24-month waiting period. Make sure your brother knows this as it's extremely important for covering medical costs. Also, has your brother checked if he has any private disability insurance through previous employers? Many people don't realize they might have coverage. With ALS, it's critical to secure all possible financial resources.

One more thing no one has mentioned - if his ex-wife has never worked, she should look at SSI (Supplemental Security Income) too, not just waiting for benefits based on your brother's record. She might qualify NOW based on need, age, and disability if she has any health issues herself. The rules are complicated but worth checking into.

my neighbor said you could get benefits from multiple spouses but i guess thats wrong from what everyone here is saying?

congrats on figuring out ur ss strategy! ive been putting off even thinking about it bc its so confusing lol. good luck with ur application!!

One additional point regarding your situation: while those zero years won't be replaced with your ex-spouse's earnings, there is a "caregiver credit" proposal that's been discussed in Congress for several years. It would provide earnings credits for people who leave the workforce to care for children or elderly family members. It hasn't passed yet, but if you're interested in advocacy on this issue, organizations like the National Committee to Preserve Social Security and Medicare are working on it. In the meantime, maximize your earnings for the remaining years of your career to replace as many zero years as possible in your benefit calculation.

Just to add to what others have said - when calculating your benefit, Social Security uses your highest 35 years of indexed earnings. The 'indexed' part is important because it adjusts your past earnings to account for wage inflation over time. So while those 10 years do count as zeros, if you're working now, even part-time jobs could potentially replace some of those zeros in your calculation. Also, when you apply for benefits, SSA will automatically calculate whether a spousal benefit based on your current husband's record would give you a higher monthly payment than your own record. You'll receive whichever is higher - they do this calculation automatically.