Can I claim survivor benefits from first husband who died on SSDI in the 1980s after already receiving from second husband?

This is confusing. If she already got survivor benefits from the 1st husband with the kids, why would she think she qualifies for more? Once you take SS retirement on your own record you can't usually switch between different deceased spouses benefits. The agent was proly right.

Your friend has a legitimate question about survivor benefits. The SSA representative should have taken more time to properly evaluate her situation. Here's what's important to understand: 1. COLA adjustments DO apply to deceased workers' earnings records. The Primary Insurance Amount (PIA) of her first husband would have been subject to COLAs since 1980. 2. If her first husband had enough work credits (generally 40 quarters/10 years), and if his benefit amount (with COLAs) would be higher than what she currently receives, she may be eligible. 3. The "similar income" with the second husband doesn't automatically disqualify her from receiving higher benefits from the first husband if those would be greater. 4. The medical retirement at age 62 is NOT actually her Full Retirement Age (FRA). Even with a medical retirement, her FRA would still be based on her birth year (likely around age 66-67). I would recommend that she schedule an in-person appointment at her local SSA office with all documentation regarding both marriages and bring proof of both husbands' deaths. Ask specifically for a detailed benefits calculation comparing potential survivor benefits from both deceased spouses.

My cousin had almost the EXACT same situation!!! First hubby died young, got benefits for the kids, remarried, 2nd husband died too. SSA told her the SAME THING at first - that she couldn't get anything from 1st husband. But she kept pushing and found out they WERE NOT looking at the adjusted benefit amount!!! The 1st husband's benefit had grown A LOT over 30 years with all the COLAs!!! She ended up getting an extra $400/month!!!! Don't give up!!!!

I'm a bit concerned about the information your friend received regarding her FRA. Medical retirement at 62 doesn't change your Full Retirement Age for Social Security purposes. FRA is determined solely by your birth year, ranging from 65-67 depending on when you were born. What likely happened is she took early retirement benefits at 62 (possibly reduced for early filing) and may have also qualified for SSDI due to her medical condition. Regarding the first husband's record - yes, his earnings record would have been subject to all COLAs since 1980. However, there are a few considerations: 1. If he died at 31, he may not have accumulated enough work credits (40 quarters/10 years) to qualify for full benefits 2. There's a complex rule about switching between deceased spouses' benefits - you can generally receive benefits from whichever spouse's record provides the higher benefit 3. If she's been receiving benefits on her own record, there might be complications in switching to a survivor benefit now I'd strongly recommend scheduling an actual appointment rather than just calling. Phone representatives often don't have time to do detailed calculations during a call.

I've dealt with this exact situation while helping clients navigate SSA benefits. Here's what your friend needs to know: 1. The agent she spoke with likely didn't perform a proper benefits calculation. Many phone representatives simply don't have the time or sometimes the training to handle complex cases like this. 2. Yes, her first husband's benefit would have been subject to ALL COLA increases since 1980 - that's over 40 years of increases, which is significant. 3. The key factors that will determine eligibility are: - Did her first husband have enough work credits (likely yes if he worked from 18-31) - Is she currently receiving benefits on her own record or as a survivor from the second husband? - Would the adjusted (with COLA) survivor benefit from the first husband be higher than her current benefit? 4. She needs to request a "Detailed Benefit Calculation" that specifically compares potential survivor benefits from both deceased spouses. 5. The 62 = FRA statement is incorrect. Medical retirement doesn't change your FRA. She likely took early retirement at a reduced rate. I've seen cases where someone was eligible for a significantly higher benefit from a long-deceased spouse, but it required persistence with SSA to get the proper calculation.

Ok so i think everyone is missing something important here. If she already got survivor benefits from 1st husband when he died, then REMARRIED, she usually LOSES eligibility for 1st husband's benefits permanently!!! The only exception is if she remarried after age 60. If she remarried before 60, then even though 2nd husband is now deceased, she can't go back to 1st husband's record! SSA rule!!!!

Wait im confused. So she already got benefits from 1st husband when they had kids? And then benefits stopped? And now shes on her own SS at 62? But thinks she should get 1st husbands benefits again? Personally I think the SSA person was right, once your on your own benefits you cant usually switch. But maybe I'm wrong, the rules are so confusing sometimes!!!

My brain hurts trying to understand all this lol. But I do know that the SSA workers are SUPER OVERWORKED so sometimes they don't have time to look into complicated cases. I would definitely try again and maybe go in person like others have said. Phone calls are useless for complicated stuff!!

One more important point that hasn't been addressed: Your friend mentioned her first husband was on disability when he died. This means his SSDI benefit amount would have already been calculated before his death, making it easier to determine what the survivor benefit would be with COLAs applied. She should request what's called a "Survivor Benefit Estimate" from both deceased spouses and compare them to her current benefit. If either would be higher, she can switch. The fact that the SSA representative dismissed her quickly suggests they either: 1. Didn't understand the full complexity of her case 2. Didn't check both deceased spouses' records with COLAs applied 3. Saw something specific that would disqualify her, but didn't explain it properly Definitely worth following up with a scheduled appointment. Make sure to bring: - Marriage certificates for both marriages - Death certificates for both husbands - Any old benefit award letters she might have kept - Her own Social Security statement showing current benefits Persistence often pays off with these complex cases.