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Nia Harris

Can I claim on my deceased ex-husband's Social Security record while letting my own benefits grow?

I've been trying to figure out my best Social Security strategy and just got confusing info from SSA today. I'll be 64 next month and plan to file for benefits. The agent told me I could claim on my deceased ex-husband's record instead of my own. We were married for 17 years before divorcing, and he passed away three years ago at 64 without ever claiming benefits. The thing is, my own benefit amount is actually higher than what his would be. I always thought if your own benefit is higher, you HAVE to take your own? I'd love to claim on his record and let mine grow until 70 if that's possible. I've never remarried. Can someone explain if this is actually an option for me? The SSA agent seemed certain but it contradicts everything I've read online.

GalaxyGazer

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You received correct information from SSA! As a divorced surviving spouse, you have options that most people don't realize. You can claim survivor benefits based on your ex-husband's record as early as age 60 (or 50 if disabled). The key thing here is that survivor benefits are completely separate from your own retirement benefits. Since you're 64, you could take the survivor benefit now (though it will be reduced since you're below your Full Retirement Age), and then switch to your own higher benefit at age 70 when it reaches its maximum. This is one of the few remaining "claim now, claim more later" strategies still available after the 2015 rule changes. This approach can potentially increase your lifetime Social Security income significantly. Just make sure you're clear with SSA that you want to restrict your application to survivor benefits only.

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Nia Harris

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Thank you so much! I was so confused because everything I've read seemed to indicate I'd have to take the higher of the two. Do you know if they would automatically give me the survivor benefits if I apply, or do I need to specifically request them instead of my own retirement benefits? I'm worried about accidentally filing for my own benefits when I don't mean to.

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Mateo Sanchez

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This exact situation happened to my cousin last year. The SSA didn't tell her she had this option at first! She had to specifically ask about filing a "restricted application" for survivor benefits only. When she went to her appointment, she had to repeat multiple times that she ONLY wanted survivor benefits and NOT her own retirement benefits. Be very clear and get everything in writing. She said the SSA representatives sometimes get confused about this rule too.

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Nia Harris

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That's really good to know. I'll make sure to be super clear about wanting only survivor benefits. Would it be better to go to my local office in person rather than doing this over the phone?

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Aisha Mahmood

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wait i thought they got rid of all those loopholes? my brother tried to do something similar and they told him no way. are you sure this still works in 2025?

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GalaxyGazer

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They eliminated most of the "claim now, claim more later" strategies with the Bipartisan Budget Act of 2015, but they specifically preserved this option for survivor benefits. The ability to file for spousal benefits while letting your own grow was eliminated, but survivor benefits (from a deceased spouse) work under different rules. This strategy is still fully available in 2025 for those eligible for survivor benefits.

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Ethan Moore

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You need to be careful here. As someone mentioned, you need to file a "restricted application" for SURVIVOR benefits only. Be crystal clear - say "I want to file for survivor benefits on my deceased ex-spouse's record and delay filing for my own retirement until age 70." Important details: - Your survivor benefit will be reduced because you're claiming before your FRA - At your age (almost 64), you'll get approximately 81.2% of his full benefit amount - When you switch to your own benefit at 70, you'll get 132% of your Primary Insurance Amount (PIA) Also, since your ex-husband never filed for benefits, his PIA will be calculated as if he had reached full retirement age when he died.

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Nia Harris

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Thank you for the specific percentages! That helps me calculate whether this is worthwhile. So I'd get about 81.2% of his benefit for the next 6 years, then 132% of my own benefit for the rest of my life. Since my own benefit amount is already higher than his, this definitely sounds like the way to go. I'll follow your advice about being very specific when I apply.

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WATCH OUT!!!! I tried to do this exact thing and the SSA messed up my application THREE TIMES!!!! They kept filing me for my own benefits even though I specifically asked for survivors. I ended up having to withdraw my application and start over, which was a nightmare. They had me on hold for HOURS every time I called, and half the time I got disconnected before speaking to anyone. The system is BROKEN!!!!

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Carmen Vega

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I had a similar experience trying to fix an issue with my benefits. Spent 2 hours on hold just to get disconnected. Finally used Claimyr.com to get through - they connected me with an agent in about 20 minutes. They have a demo video at https://youtu.be/Z-BRbJw3puU that shows how it works. Wish I'd known about it sooner, would have saved me so much stress!

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my aunt is in the exact same situation but shes 62 and her ex passed last year. so your saying she can take his benefits now even tho hers will be higher when she reaches 70? nobody told her this at ssa when she called

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Ethan Moore

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Yes, your aunt absolutely can do this! It's one of the most overlooked claiming strategies. She should call SSA back and specifically ask about filing for survivor benefits while delaying her own retirement benefits. The key phrase is "restricted application for survivor benefits only." Many SSA representatives aren't fully trained on all these strategies, so sometimes you need to be persistent or speak to a supervisor if they tell you it can't be done.

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Carmen Vega

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I just went through something similar with my own retirement planning. One thing to keep in mind is that when they calculate your ex's benefit, they'll base it on what he would have received at his full retirement age, even though he never claimed. If you're struggling to get clear information from SSA (which happens a lot), I recommend writing down your questions beforehand and being super specific about wanting survivor benefits only. Also, if you're having trouble getting through on the phone, I've had good luck using the field office locator on ssa.gov to find my local office and making an in-person appointment.

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Nia Harris

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Thanks for the advice! I think I will try to make an in-person appointment. Do you know if I need to bring any specific documentation about my ex-husband? It's been a few years since he passed, and I'm not sure if I have all his information.

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Did anyone actually answer whether she CAN do this? If her benefit is HIGHER than his, why would she want his at all? I'm really confused about how this works!!

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GalaxyGazer

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The advantage is in the timing. Yes, her own benefit is higher, but by taking his reduced survivor benefit now and switching to her own at age 70, she'll maximize her lifetime payout. Her own benefit grows by 8% per year between FRA and 70, so by waiting, her ultimate benefit will be 32% higher than if she claimed it at her full retirement age. This strategy lets her receive some income now while still maximizing her own benefit later.

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Mateo Sanchez

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When I helped my sister with this exact situation last year, we learned that the 10-year marriage requirement for divorced spouse benefits is reduced to just 9 years for survivor benefits if you have a child with the ex-spouse. Since you were married 17 years, you definitely qualify either way, but it's a little-known fact that might help someone else reading this thread. Also, make sure all your documents are ready when you apply - marriage certificate, divorce decree, and death certificate of your ex-husband. Having everything organized saves a ton of time.

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Nia Harris

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That's a really helpful tip about the documents! I have our divorce decree somewhere, but I'm not sure about getting his death certificate since we weren't in contact when he passed. Would SSA have that information already in their system, or do I need to track down the death certificate myself?

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Aisha Mahmood

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so confused lol. why would SSA let us do this? seems like theyd have to pay out more money this way

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Ethan Moore

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It's just how the law is written. When Congress amended the Social Security rules in 2015, they specifically preserved this option for survivor benefits while eliminating similar strategies for spousal benefits. The survivor strategy remains because it helps people (mostly women) who might otherwise face financial hardship after losing a spouse. Remember that survivor benefits are paid from the same overall Social Security trust fund, so it's not really "extra" money - it's just allowing more flexible timing for when you claim different types of benefits you're entitled to.

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Admin_Masters

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This is such valuable information! I had no idea this option existed for divorced surviving spouses. I'm 58 and my ex-husband passed away two years ago after we were married for 12 years. I've been dreading the thought of claiming early and getting reduced benefits, but it sounds like I could potentially claim survivor benefits at 60 and then switch to my own higher benefit at 70. Does anyone know if there are any earnings restrictions while collecting survivor benefits? I'm still working full-time and won't be ready to fully retire for several more years.

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Yes, there are earnings restrictions for survivor benefits before you reach full retirement age, just like with regular retirement benefits. For 2025, if you're under FRA, you can earn up to $23,400 per year without any reduction in benefits. If you earn more than that, they'll reduce your survivor benefits by $1 for every $2 you earn above the limit. In the year you reach FRA, the limit is higher and the reduction is less ($1 for every $3 over the higher threshold), and once you reach FRA, there's no earnings limit at all. Since you're 58 now, you'd need to consider this if you claim survivor benefits at 60 while still working full-time.

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