Can I claim my deceased ex-spouse's Social Security at FRA while working, then switch to my own at 70?
I've been trying to figure out my Social Security options and getting mixed answers from friends. I was married for 22 years before divorcing. My ex-spouse passed away 12 years ago at only 52 years old. I'm now 63 and still working full-time with no plans to retire soon. From what I've read online, I think I might be eligible for survivor benefits even though we were divorced when he died. Am I correct that I could start collecting on my deceased ex-spouse's record when I reach my full retirement age (67), continue working without any earnings limit affecting those benefits, and then switch to my own retirement benefit at 70 to maximize my monthly amount? I've worked consistently throughout my life and expect my own benefit at 70 to be higher than the survivor benefit. Would really appreciate if someone could confirm this strategy works the way I'm thinking!
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Dana Doyle
Yes, you're on the right track! As a divorced surviving spouse who was married for more than 10 years (you were married 22 years), you're eligible for survivor benefits. Since you'll be at your Full Retirement Age when you plan to claim at 67, you can receive 100% of what your ex-spouse would have received at their FRA. And you're absolutely correct that the earnings test doesn't apply once you reach your FRA, so you can work without any reduction to your benefits. Then switching to your own retirement benefit at 70 (after it's grown by 8% per year from your FRA) is usually a smart move if your own benefit will be higher. This strategy is called 'restricted application' for survivors and it's one of the few remaining ways to use this type of sequencing strategy.
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Darcy Moore
•Thank you so much for confirming! I was worried I was misunderstanding something. One more question - do I need his earnings history when I apply? I don't have access to any of his financial records since we've been divorced so long and he passed years ago.
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Liam Duke
I'm in almost the exact situation! Was married 19 years, ex died at 55, and I'm planning to do the same thing. I talked to someone at the SS office who told me I couldn't do this because we were divorced when he died, but then I spoke to someone else who said the first person was WRONG. It's so frustrating getting different answers!!!
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Manny Lark
•This happens ALL THE TIME with SSA. My brother got told 3 different things by 3 different people there. You definitely CAN get survivor benefits from an ex-spouse as long as you were married at least 10 years. Don't let them tell you otherwise!
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Rita Jacobs
You're definitely eligible for surviving divorced spouse benefits! I went through this last year. The key things SSA will need: 1) Marriage certificate 2) Divorce decree 3) Ex's death certificate. They should have your ex's earnings record in their system. When you apply at 67, be VERY CLEAR you are filing a "restricted application" for survivor benefits only. Some SSA reps mistakenly file for all benefits at once. Also, put a note on your calendar to apply for your own benefits right before turning 70. They don't automatically switch you - you need to initiate that change.
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Darcy Moore
•Thank you for the specifics about the documents. I have our marriage certificate and divorce papers, but not his death certificate. I'll have to figure out how to get that. And thanks for the tip about being explicit with the "restricted application" terminology - I'll make sure to use those exact words!
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Khalid Howes
i tried to call SSA about a similar question last month and was on hold for 2+ hours before giving up. their phone system is a nightmare right now!
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Ben Cooper
•I had the same issue with the endless hold times! Tried for a week straight with no luck. Then I discovered this service called Claimyr that got me through to a Social Security agent in about 20 minutes instead of hours on hold. It was so much easier than what I'd been dealing with. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. I was skeptical at first but it actually worked for me when I needed to sort out my disability application status.
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Khalid Howes
•omg thank you! going to check this out right now. would do anything to avoid the hold music for 3 hours again lol
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Naila Gordon
Are you SURE you can collect survivor benefits AND work full time? I thought there was a limit on how much you can earn?
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Dana Doyle
•There IS an earnings limit, but ONLY if you take benefits before your Full Retirement Age (FRA). Once you reach your FRA (which is 67 for people born in 1960 or later), the earnings test goes away completely. So the OP's plan to work and collect survivor benefits at 67 is perfectly fine - no matter how much they earn from working.
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Naila Gordon
•Oh thats a relief! I've been limiting my hours thinking I'd lose benefits when I start collecting next year at 66. Thx for clearing that up!
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Manny Lark
My sister thought she could do this but when she went to apply they told her she couldn't get survivor benefits because she had remarried at age 58. Just making sure - you said you never remarried, right? That's important because if you remarry before 60 you lose eligibility for ex-spouse survivor benefits. After 60 it doesn't matter.
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Darcy Moore
•Yes, I've never remarried. I knew that was a factor but wasn't sure about the age cutoff. Thanks for confirming it's age 60!
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Liam Duke
Does anyone know if this affects Medicare??? Do I need to sign up for Medicare at 65 even if I'm not taking SS yet? I'm so confused by all these different programs and ages!
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Rita Jacobs
•Yes, Medicare enrollment is completely separate from when you claim Social Security benefits. You should still enroll in Medicare during your Initial Enrollment Period (3 months before your 65th birthday through 3 months after). If you're still working and have coverage through your employer, you might be able to delay Part B without penalty, but you should check with your benefits administrator to be sure.
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Khalid Howes
my cousin tried something similar and got a huge mess with SSA. they ended up saying he had to pay back money because he didn't file papers in the right order or something. be really careful with this stuff!
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Dana Doyle
•This is why it's so important to be very specific when you apply. Always use the exact terminology ('restricted application for survivor benefits only') and get the name of the SSA representative you speak with. It can also help to bring printed SSA policy references to your appointment if applying in person. Some representatives aren't familiar with all the nuances of survivor benefits for divorced spouses.
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Darcy Moore
Thank you all for the helpful advice! I'm feeling much more confident about my plan now. I'll make sure to use the phrase 'restricted application for survivor benefits only' when I apply at 67, gather all the necessary documents including trying to obtain my ex's death certificate, and then remember to switch to my own benefit at 70. It's such a relief to have confirmation that I can continue working without affecting my survivor benefits once I reach FRA. Navigating Social Security has been confusing, but your insights have been incredibly valuable!
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