Can I claim survivor benefits from ex-husband with false identity on Social Security records?
I just found out something disturbing and I'm completely lost on what to do with Social Security. My ex-husband passed away recently. We were married for 20 years before divorcing, and I never remarried. He had been living in Mexico after retirement and was collecting his US pension but never filed for Social Security benefits. Here's the shocking part: I discovered he had been using a different birth certificate/identity when he married me in 1982 than what he originally had in Mexico. His green card, Social Security number, and US citizenship documents all used this false identity with a different first name and birth date than what's on his original Mexican records. I currently receive my own Social Security benefits, but I think I might qualify for survivor benefits as his ex-spouse. I have no idea what documentation I should bring to the SSA office or how to even explain this situation. Would I even qualify given the identity discrepancy? To complicate things further, he remarried after our divorce and has two young children from that marriage. Would they be eligible for benefits too, even with this identity issue? I feel so embarrassed about this whole situation, but I need to figure out what to do. Any advice would be greatly appreciated.
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Zara Mirza
You absolutely should apply for survivor benefits as his ex-spouse. The fact that you were married for 20 years and never remarried means you're eligible. The identity issue is complicated but not your problem to solve - that's SSA's job to sort out. Bring everything you have: your marriage certificate, divorce decree, his death certificate, and your own identification. If you have copies of any of his documentation (green card, SS card, etc.), bring those too. Be completely honest about the situation when you apply. And yes, his current minor children would also be eligible for survivor benefits, but that's separate from your claim as an ex-spouse. The benefit amounts are calculated separately.
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Sean Flanagan
•Thank you so much. I'm worried they'll think I was somehow involved in the identity fraud. Should I bring any documentation about his original Mexican identity? I have a copy of his Mexican birth certificate that shows the different name/birthdate.
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NebulaNinja
dont feel ashamed, u didnt do anything wrong! my cousin went thru something similar with her husband using fake papers from ecuador. SSA deals with this stuff ALL THE TIME especially with ppl from other countries. just be 100% honest when u go in
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Sean Flanagan
•Thanks for saying that. I've been feeling awful about this whole situation. Did your cousin end up getting benefits?
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Luca Russo
Honestly the SSA might give you a really hard time with this. They're going to investigate the identity discrepancy and they might suspend any payments until they figure it out. It could take MONTHS or even YEARS before you see any money. They'll probably want to compare his earnings record with his actual identity and make sure there wasn't any fraud going on beyond just the name difference. I'd prepare yourself for a long battle with them. They're going to make you jump through every possible hoop.
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NebulaNinja
•not true! my cousin got benefits in like 2 months. SSA has procedures for this kind of thing.
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Nia Wilson
I had a similar issue calling SSA about my spouse's identity discrepancy (different situation but similar problems). After weeks of trying to reach someone who could actually help, I finally used Claimyr (claimyr.com) to get through to a real person at SSA. Saved me hours of frustration and hang-ups. You can see how it works in their video: https://youtu.be/Z-BRbJw3puU Once I actually got through to a knowledgeable agent, they helped sort through all the documentation issues. They've seen these situations before and have protocols for dealing with identity discrepancies.
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Sean Flanagan
•Thank you for the suggestion! I've been dreading the phone calls and wait times. I'll definitely check out that service.
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Mateo Sanchez
This is a complex case involving potentially several different Social Security rules: 1. Ex-spouse survivor benefits (which you may qualify for if married 10+ years) 2. Identity verification issues 3. Child survivor benefits for his minor children 4. Dual entitlement rules since you're already receiving your own benefit Here's what to do: - Schedule an appointment at your local SSA office instead of just walking in - Bring ALL documentation: marriage certificate, divorce decree, death certificate, your ID, his original Mexican birth certificate, and any US documentation you have for him - File for survivor benefits - if approved, you'll receive the higher of either your own benefit or a percentage of his - Be completely transparent about the identity issue The SSA will likely conduct an investigation to confirm his earnings record matches up with his true identity. His children from his second marriage would be eligible for benefits regardless of your claim's outcome.
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Aisha Mahmood
•this is good advice!! i work with immigrants and this happens a lot more than people think. definitely make an appointment tho, the wait times if u just walk in are CRAZY
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Sean Flanagan
•Thank you for breaking it down so clearly. I'll call to schedule an appointment. Do you know if there's a time limit for filing for survivor benefits after death?
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Ethan Clark
I'm so sorry you're dealing with this! My father had a similar situation (he had documents under two slightly different names from his home country) and it was a mess. Keep in mind that his current spouse may also be filing for survivor benefits for herself and the children, so there could be some conflicting claims happening simultaneously. The family maximum benefit might come into play here, which limits the total amount payable on one worker's record.
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Mateo Sanchez
•That's an excellent point about the family maximum. When multiple survivors claim on one earnings record, there is a maximum total benefit amount that gets divided among all eligible claimants. However, as an ex-spouse, your benefits generally don't count against or affect the family maximum for his current survivors.
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Aisha Mahmood
careful!!! if u apply with wrong info they might acuse u of fraud!! happened to my uncle and they made him payback $17000 and he almost went to jail!!! make sure u tell them EVERYTHING and don't hide anything!!
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Zara Mirza
•This is fearmongering. The SSA differentiates between honest mistakes and deliberate fraud. As long as OP is completely transparent about what she knows, she won't face any legal issues. The identity discrepancy was her ex-husband's doing, not hers.
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Sean Flanagan
I called the SSA today and tried to explain my situation, but the person I spoke to seemed confused and kept transferring me around. After an hour, I got disconnected. I'm going to try again tomorrow. This is so frustrating on top of everything else.
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Nia Wilson
•That's exactly why I ended up using Claimyr - I kept getting disconnected or transferred to people who couldn't help. With Claimyr, I got connected directly to someone who could actually handle my case. Saved me days of frustration.
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Mateo Sanchez
•Don't give up! I'd strongly recommend making an in-person appointment rather than trying to resolve this by phone. This situation is too complex for most call center representatives. You need to sit down with a claims specialist who can review all your documentation at once.
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Zara Mirza
Update us on what happens! I'm curious how SSA handles these identity discrepancy cases. Good luck!
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Sean Flanagan
•I will definitely update. Going to try calling again tomorrow and hopefully schedule an in-person appointment like several of you suggested.
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