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my aunt got divorced after 11 years and she gets benefits from my uncles record even tho they HATE each other lol. social security doesnt care about your feelings just the years!! but she had to wait until he retired before she could claim anything
That's only partially correct. If you've been divorced for at least 2 years, you can claim benefits on your ex's record even if they haven't applied for benefits yet, as long as you're both eligible for benefits (generally age 62+). The requirement that your ex needs to have filed only applies if the divorce was less than 2 years ago.
One additional consideration about your business situation: If you're both taking salaries from the business, ensure you're maximizing your own Social Security contributions. Many business owners make the mistake of minimizing payroll taxes, but this can significantly reduce your future Social Security benefits. Since you mention your benefit is much lower than his, you might want to restructure your compensation to increase your reported earnings (up to the SS wage base of $168,600 for 2025) for your remaining working years. This could potentially increase your own retirement benefit, which might be valuable regardless of what happens with your marital status.
That's brilliant advice I hadn't considered! We've been doing exactly what you described - minimizing payroll and taking more as distributions to reduce taxes. But you're right that this hurts my SS record. I'll talk to our accountant about restructuring my compensation to maximize SS contributions for these last few years before retirement. Thank you!
To follow up on your retroactivity question - the GPO repeal was effective December 2023, so if you apply now, you can request retroactive benefits back to December 2023, but SSA generally limits retroactivity to 6 months for survivor benefits. So realistically, you'd likely only get retroactive payments for about 6 months, not all the way back to December 2023 unless you applied very soon. Also, when you go to your appointment, make sure you bring: 1. Your husband's death certificate 2. Your marriage certificate 3. Both your Social Security cards 4. The previous denial letter that mentions GPO 5. Documentation of your pension This will help ensure your claim is processed correctly. And as others have mentioned, be prepared to be persistent. The GPO repeal is still relatively new, and not all SSA representatives are fully trained on handling these cases.
Yes, I did finally get my benefits sorted out but it took using Claimyr to finally reach someone who knew what they were doing. Got a specialist who handles WEP/GPO cases and she fixed everything. Worth every penny to avoid the hours of frustration! And FYI for your calculation - the 2022 COLA was 5.9%, 2023 was 8.7% and 2024 was 3.2%. So if your starting benefit is $2,005 (the 82.5% amount), after all those COLAs it would be around $2,322 now. Much better than what your husband was getting when he passed!
Thank you all so much for the advice! I think we're going to hold off on me claiming anything for now. We're fortunate that we don't urgently need the money, and it sounds like waiting will give us more in the long run. I'm going to try to speak with SSA directly about our specific situation too. I appreciate everyone taking the time to share their knowledge and experiences!
Just be careful about the rules for spousal benefits. When they changed the laws in 2015 a lot of strategies went away. My friend thought she could get spousal and then switch to her own higher benefit later but they don't allow that anymore. I think it's called "deemed filing" now where they automatically give you whichever is higher but you can't choose anymore. The whole system is needlessly complicated if you ask me!
You're absolutely right about deemed filing. The Bipartisan Budget Act of 2015 eliminated many file-and-switch strategies. For anyone born after January 1, 1954, when you file for any retirement benefit, you're deemed to have filed for all benefits you're eligible for. In the original poster's case, this means when her husband files at 67 and she becomes eligible for spousal benefits, she'll automatically receive the higher of either her own benefit (potentially reduced if she claimed early) or her spousal benefit (also potentially reduced if she claimed her own benefit early). This reinforces why getting personalized advice from SSA about your specific situation is so important. The deemed filing rules have significantly changed optimal claiming strategies.
I'm sorry about your ex-husband's passing. When my brother died, we learned that Social Security won't automatically pay these benefits - you MUST apply. And the 2-year deadline is strict. I'd recommend calling your local SSA office directly rather than the national number - sometimes it's easier to get through. Also, bring your children's birth certificates and Social Security cards when you go in, along with your ID and his death certificate.
Definitely make an appointment if possible - the walk-in wait times can be terrible. Some offices are still requiring appointments anyway. Check the SSA website for your local office's phone number. And remember to ask about survivor benefits for your children when you go in - that's the really important part that could help financially for years to come.
I just wanted to correct something in my earlier comment. I was thinking of the retirement earnings test rather than SSDI rules. For SSDI recipients who haven't reached Full Retirement Age yet, the Substantial Gainful Activity (SGA) limit applies, which is $1,550/month in 2025. For someone transitioning from SSDI to retirement benefits, it gets complicated because different rules apply at different points. Your husband should definitely contact SSA directly before starting any work.
Thank you all for your helpful responses! I'm going to help my husband contact SSA directly to get clarity on his specific situation - especially about those Trial Work Period months he might have already used. It sounds like he can work part-time as long as he stays under the monthly SGA limit for now, and then different rules will apply once he converts to retirement benefits. I appreciate everyone's insights!
Since you mentioned cancer recovery - don't forget that the SSA has compassionate allowances and expedited processing for serious medical conditions. If your condition worsens or you need to apply for disability, make sure to mention your cancer diagnosis as it might qualify you for faster processing. Sending healing thoughts your way.
its so confusing my sister got more from her ex husband than her second husband when he died but they told me different rules when i called????????
The rules can seem inconsistent because they're applied differently based on individual circumstances. Your sister's benefit amount would depend on her age, whether she was receiving her own benefits, how much each husband earned, etc. That's why it's always best to speak directly with SSA about your specific situation rather than comparing to someone else's experience.
If you're having trouble getting through to SSA by phone, I'd recommend using Claimyr (claimyr.com). They'll connect you with a Social Security agent and call you when they've got someone on the line. Saved me hours of frustration when I needed to switch my benefits last year. They have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. Much easier than waiting on hold all day or trying to get an in-person appointment at your local office.
To answer your follow-up question about timing: If you apply in April, your new benefit amount would typically be effective with your May payment (which you'd receive in June, since Social Security pays a month behind). When you file, you can specify the month you want your retirement benefits to begin. If you're already past your Full Retirement Age (which it sounds like you are at 68), you could potentially request up to 6 months of retroactive benefits if that makes financial sense for your situation. Just be aware that switching from survivors to your own retirement is a permanent decision - you can't switch back later if circumstances change.
my mom works part time after starting SS and she gets to keep all her money. they only reduce benefits if ur younger than full retirement age i think? but be careful about taxes cause they might tax more of ur SS if u make too much money from working
One thing nobody's mentioned yet - your continued work might increase your benefit at 70, but not in the way you might be thinking. There's no special increase at 70 based on work. However, if between 67-70 your new earnings replace a lower year in your calculation, you'd see some increase. This happens whenever SSA does their annual recomputation, not specifically at age 70. There's also delayed retirement credits if you had suspended your benefits (8% per year), but since you're already collecting, that's not applicable here.
Wait I'm confused...I thought SSI and Social Security were the same thing? Which calculator should I use if I'm on disability but turning 65 next year?
SSI (Supplemental Security Income) and Social Security retirement are different programs: - SSI is needs-based for people with limited income/resources who are disabled, blind, or 65+ - Social Security retirement is based on your work history and payroll tax contributions If you're receiving Social Security Disability Insurance (SSDI), it automatically converts to retirement benefits when you reach Full Retirement Age (66-67 depending on birth year). The amount stays the same. If you're on SSI (which maxes at about $943/month in 2025), you should contact SSA directly as your situation requires personalized guidance.
Thanks everyone for the great suggestions! I downloaded ANYPIA but it's pretty complicated. I'm going to try MaximizeMySocialSecurity.com since it seems more user-friendly and the price is reasonable. I'm also realizing that because I only have 31 years of earnings, even my reduced-income years will help fill in those missing years in my top 35. That's something I didn't fully understand before.
Naila Gordon
just wondering does SSI get garnished too? asking for a friend
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Rosie Harper
•No, SSI (Supplemental Security Income) is specifically protected from levy by the IRS because it's a needs-based program, unlike regular Social Security retirement benefits. This is an important distinction - if someone is receiving SSI, those benefits cannot be garnished for tax debt. The original poster is talking about retirement benefits (sometimes called RSDI or RIB), which fall under different rules.
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Cynthia Love
One aspect that hasn't been mentioned is that tax debt can also affect your Medicare premiums. If you're enrolling in Medicare at the same time as starting Social Security at 70, be aware that unpaid tax debt can sometimes trigger issues with your Medicare enrollment if the IRS has filed liens. Additionally, if your payment plan with the IRS requires substantial monthly payments, this could impact which Medicare supplemental plans you can afford. I recommend speaking with both the IRS and a Medicare counselor (SHIP programs offer free Medicare counseling in every state) to understand how these systems might interact in your specific situation.
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Manny Lark
•Oh wow, I hadn't even considered the Medicare angle. I enrolled in Medicare at 65 but haven't had to deal with supplemental plans yet because I was still on my employer's insurance until recently. This is getting so complicated!
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