Can I claim retroactive Social Security survivor benefits if I missed spousal benefits when my ex-husband was on SSDI?
I just found out I might have missed out on Social Security benefits and I'm kicking myself. My ex-husband passed away at age 58 (I'm 5 years younger). He had been receiving SSDI for several years before his death. I'm now 66, and I started taking survivor benefits when I turned 60 after getting diagnosed with a chronic health condition. The thing is, someone recently told me I might have been eligible for spousal benefits based on his disability while he was still alive. I was only 53 when he died, so I'm not sure if I would have qualified then anyway? We were married for 22 years if that matters. Is there any way to claim these benefits retroactively if I was eligible? Or am I just out of luck? Does anyone know if the 10-year marriage rule applies differently for disability vs. retirement benefits for ex-spouses?
21 comments
Ellie Kim
Based on what you've described, you probably weren't eligible for spousal benefits on your ex-husband's record when he was alive. To qualify for spousal benefits as a divorced spouse, you generally need to be at least 62 years old, and your ex needs to be entitled to benefits. Since you were only 53 when he passed away, you wouldn't have qualified yet. The good news is that you did the right thing by claiming survivor benefits at 60 due to your health condition. The 10-year marriage duration requirement applies to both spousal and survivor benefits for divorced spouses, and since you were married for 22 years, you met that requirement. One thing to check - did you work enough to earn your own Social Security retirement benefit? If so, now that you're 66 (which is likely your full retirement age or close to it), you might want to see if switching to your own retirement benefit would give you a higher monthly amount than the survivor benefit you're currently receiving.
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Luis Johnson
•Thank you for explaining this! I was worried I'd missed out on years of benefits. I did work enough for my own retirement benefits, but I was told the survivor benefits were higher so I've stuck with those. Should I check with SSA again now that I'm at full retirement age? My FRA is actually 66 and 6 months.
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Fiona Sand
yea my mom had the same situation but she was older when my dad died. Social security is so confusing!! I think she had to be 62 to get any benefits from his record too.
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Luis Johnson
•It really is confusing! I wish they would make this stuff clearer. Did your mom end up getting retroactive benefits or anything like that?
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Fiona Sand
•no she couldn't get anything retroactive they told her. she had to just start from when she applied that's it.
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Mohammad Khaled
I work with Social Security cases frequently, and I can clarify a few points here. To receive divorced spouse benefits based on an ex's record: 1. You must be at least 62 years old 2. You must have been married for at least 10 years 3. You must be currently unmarried 4. Your ex must be entitled to benefits Since you were only 53 when your ex-husband passed away, you wouldn't have been eligible for spousal benefits while he was alive, even though he was receiving SSDI. Regarding your current situation, since you're now at full retirement age (66 and 6 months for your birth year), you have some options to consider: 1. Continue receiving the survivor benefits 2. Switch to your own retirement benefit if it would be higher 3. If you haven't already, you could request a benefit calculation from SSA to compare the amounts Unfortunately, there's no retroactive benefit available for the time before you were eligible. You made the right decision by taking survivor benefits at 60 due to your health condition.
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Luis Johnson
•Thank you for this detailed explanation! It helps me understand everything better. Is there any advantage to switching to my own benefit now versus staying on the survivor benefit? My survivor benefit is about $2,125/month. I think my own would be around $1,980 if I took it now.
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Mohammad Khaled
•Based on those numbers, you should definitely stick with the survivor benefit since it's higher ($2,125 vs $1,980). There's no advantage to switching to a lower benefit. The only time it would make sense to switch would be if your own benefit amount was higher than what you're currently receiving as a survivor.
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Alina Rosenthal
I had almost the exact same situation! My ex died when I was 54, and he was on disability too. I had to wait till 60 for survivors benefits too. The SSA told me there was NOTHING I could get before age 60 as a divorced spouse. Those are just the rules, I guess?!? It's pretty ridiculous if you ask me!!
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Finnegan Gunn
•The system isn't designed to help us at all! I'm in a similar boat and the rules are so complicated they might as well be written in another language!!
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Ellie Kim
•There are actually good reasons for the age requirements. Social Security retirement and survivors benefits are designed primarily as retirement insurance, not general support for younger people who might still be in their working years. The age requirements help ensure the system remains solvent for everyone.
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Miguel Harvey
Have you had any luck actually getting through to someone at Social Security to check all this? I spent THREE WEEKS trying to get someone on the phone about my disability application. I finally used a service called Claimyr (claimyr.com) that got me through to a real person at SSA in under 20 minutes. They have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. Saved me hours of frustration and I actually got my questions answered properly instead of guessing about my benefits. Might be worth it to confirm your specific situation rather than relying on general advice here.
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Luis Johnson
•I haven't called them recently because I remember how frustrating it was years ago! Thanks for the tip - I'll check out that service. You're right that I should probably talk to them directly to be 100% sure about my situation.
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Finnegan Gunn
•I tried calling SS last month and gave up after being on hold for 2 hours and then getting disconnected!! It's IMPOSSIBLE to talk to a real person there!!!
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Ashley Simian
The whole system is designed to confuse us and make us miss out on benefits we deserve!! I bet if you talk to a lawyer who specializes in SS benefits they could find a way to get you those back payments. The government counts on people not knowing what they're entitled to!!
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Ellie Kim
•While Social Security rules can certainly be complex, there's no evidence the system is deliberately designed to deny benefits. In this specific case, the poster simply wasn't eligible due to age requirements, not because of an intentional effort to withhold benefits. Most Social Security attorneys work on contingency for disability cases, but they typically don't take cases involving retirement benefit optimization as there's no back pay to collect a percentage from.
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Ashley Simian
•That's EXACTLY what they want you to think! My cousin's friend got $45,000 in back payments after hiring a lawyer who knew all the loopholes. The rules are DESIGNED to be confusing!
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Luis Johnson
Thank you everyone for your helpful responses. I feel much better knowing I didn't actually miss out on benefits I was entitled to. I'm going to stick with my survivor benefits since they're higher than what I'd get on my own record. I appreciate all the information and personal experiences shared here!
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Fiona Sand
•glad you got your answer! this stuff is so complicated. good luck with everything!
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Finnegan Gunn
My mom went thru something similar and the social security office gave her different answers every time she called!!! So frustrating!! Have you tried going to your local office in person? Sometimes that works better than calling.
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Luis Johnson
•I haven't tried the local office recently. I might do that if I have more questions. It's true they sometimes give conflicting information, which makes everything more confusing!
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