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Can I claim Social Security survivor benefits from ex-husband who remarried before death?

I need some advice about survivor benefits for my sister who's in a tough spot. She's 60 years old and battling breast cancer, currently on short-term disability from her job that's about to run out. Her ex-husband (they were married for 22 years) passed away last month. He had remarried about 5 years after their divorce. We're trying to figure out if she qualifies for any survivor benefits from her ex-husband's Social Security record given that he had remarried before he died? The cancer treatments are really taking a toll, and she's worried about income when her disability payments stop. Any insights would be greatly appreciated!

Connor Richards

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Yes, your sister may qualify for survivor benefits as a divorced widow! The key factors are: 1) Was she married to him for at least 10 years? 2) Is she currently unmarried? and 3) Is she at least 60 years old? If yes to all three, then his remarriage doesn't affect her eligibility at all. She can potentially receive between 71.5%-100% of his PIA (Primary Insurance Amount) depending on when she claims. At 60, it would be reduced to 71.5% of his benefit amount. However, if she's getting disability, she should look into whether his survivor benefit would be higher than her own disability benefits, as she can only receive the higher of the two amounts.

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Zoe Wang

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Thank you so much! Yes to all three of your questions - they were married 22 years, she never remarried, and she just turned 60 last month. This is such a relief to hear. Do you know how she would go about applying for these benefits? Should she wait until her short-term disability ends?

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Grace Durand

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my aunt got denied wen she tried this because they said she made to much money from her job. but she was only working part time so it didn make sense. SSA is always trying to deny people what they deserve

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Steven Adams

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The earnings limit for 2025 is like $22,850 if you're under full retirement age for the whole year. If your aunt made more than that, even part-time, they reduce benefits $1 for every $2 over the limit. Maybe that's what happened? They don't deny you completely, they just reduce or suspend payments.

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Alice Fleming

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Your sister should apply as soon as possible even if she's still receiving short-term disability. The application process can take time, and it's important to get in the system. She should contact SSA directly by calling 1-800-772-1213, but be prepared for long wait times. When my wife applied for survivor benefits last year, we couldn't get through for days. I actually ended up using a service called Claimyr (claimyr.com) that got us connected to an SSA agent in about 20 minutes instead of waiting on hold for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Make sure your sister gathers these documents before applying: - Her birth certificate - Marriage certificate - Divorce decree - Ex-husband's death certificate - Her Social Security number and his if she knows it - Bank account info for direct deposit The survivor benefit application cannot be done online - it must be done by phone or in person at an SSA office.

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Zoe Wang

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Thank you for such detailed information! I'll help her gather those documents. That Claimyr service sounds helpful - the last time she tried calling SSA she gave up after being on hold for over an hour. I'll check out that video and see if it might help us get through faster.

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Hassan Khoury

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I went thru something similar with my exhusband. One thing nobody mentioned yet - if your sister is eligible for her OWN retirement benefits, she should ask about filing a RESTRICTED APPLICATION. This might let her take the survivor benefits now and switch to her own retirement later when they're higher at 70. Or maybe the other way around? I get confused about which is which.

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Connor Richards

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Great point about filing strategies, but due to changes from the 2015 Bipartisan Budget Act, restricted applications are now only available to people born before January 2, 1954. So if the sister is 60 now (born around 1965), that option unfortunately isn't available. However, she can still receive survivor benefits at age 60 and later switch to her own retirement benefits if they would be higher. Or take reduced retirement now and switch to survivors later. She should definitely ask SSA which path maximizes her benefits based on her specific earnings record and her ex's benefit amount.

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Victoria Stark

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DONT FORGET she has her short term disability now but she should apply for SSDI (Social Security Disability Insurance) immediately!!! If her cancer is serious enough to qualify, she could potentially receive SSDI and then later at FRA it automatically converts to regular SS retirement. The medical documentation is critical - if she doesn't have good records from her doctors about how her condition prevents her from working ANY job, she'll be denied!!!

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Benjamin Kim

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This is what happened to me but it took 18 MONTHS to get approved for SSDI and I had stage 4 cancer!!! The system is broken. If she applies for SSDI she should be prepared for a LONG battle, possibly having to get a disability lawyer who takes 25% of backpay.

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Zoe Wang

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Thank you both for this information. I didn't even think about SSDI. Her oncologist has told her she won't be able to work during the intensive chemo treatments for at least the next 6-8 months. I'll suggest she look into this option as well as the survivor benefits.

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Steven Adams

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Just to clarify one thing I didn't see mentioned - if your sister is considering claiming both her own retirement benefit and the survivor benefit from her ex, she needs to understand that there are different rules for each. She can claim survivor benefits as early as 60 (or 50 if disabled), but her own retirement she can't claim until 62. If she's dealing with cancer, the disability route might make more sense as others have suggested. Wishing her all the best with her health and benefits situation.

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Zoe Wang

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Thank you for that clarification. I'll make sure she understands the different age requirements. It's all so confusing! We'll probably try to get an appointment to speak with someone at SSA who can look at her specific situation and advise on the best approach.

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Grace Durand

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tell ur sister to be careful about when she files!!! if she's still getting short term disability and then gets SSDI and survivor benefits she might end up owing money back to somebody. my friend got a huge overpayment notice from SS because her disability insurance didn't tell her they were offsetting for SSDI

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Alice Fleming

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This is an excellent point. Many private disability insurance policies have provisions that reduce their payments when you receive Social Security benefits. She should carefully review her short-term disability policy to understand any potential offsets. Some policies require you to apply for SSDI and then they reduce their payment by the SSDI amount.

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