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Can I switch to my ex-spouse's survivor benefits at 72 after already using restricted application strategy?

I'm trying to help my sister-in-law navigate a complicated SS benefit situation. She's 72 now and used what I think was a 'restricted application' strategy. She was married for 22 years, divorced in 2001, and never remarried. At 66 (her FRA), she filed for just the ex-spousal benefit while letting her own retirement benefit grow. Then at 70, she switched to her own higher retirement benefit (about $3,450/month). Her ex-husband is 75 and in poor health. If he passes away, can she switch to survivor benefits based on his record? His benefit is approximately $3,800/month. Would she be eligible for the higher amount as a survivor even though she's already used the restricted application strategy once? I'm confused about whether someone can switch strategies like this more than once. Does anyone have experience with this situation?

Yes she can get survivors off ex if they were married 10+ years. But dont she only get difference between her benefit and his? So she would only get like $350 extra not the full $3800? Im not an expert just had friend go through someting similar.

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Thanks for responding! I was actually wondering if she'd get the full $3,800 or just the difference. I'll make sure to ask specifically about that when she talks to SSA.

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Your sister-in-law is in a good position here. Since she was born before January 2, 1954, she was eligible to use the restricted application strategy (which she correctly did). As for survivor benefits, she would be entitled to 100% of her ex-husband's benefit amount when he passes away, not just the difference. This is because survivor benefits and retirement/spousal benefits are treated separately under Social Security rules. She will need to contact Social Security promptly when he passes away to apply for the survivor benefit. They'll then pay her the higher of either her own retirement benefit or the survivor benefit based on her ex-husband's record - in this case, the $3,800. One important note: for divorced survivor benefits, the marriage must have lasted at least 10 years (which it did in her case), and she must not have remarried before age 60 (which she hasn't).

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My mom tried doing this and the SSA office gave her wrong info THREE TIMES!!! She had to keep going back. Make sure ur sister in law talks to someone who ACTUALLY knows the rules because a lot of them dont!!!

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The previous responder is correct. Your sister-in-law played this exactly right. She was able to use the restricted application (which isn't available to people born after 1/1/1954), then switch to her own retirement at 70. And yes, if her ex-husband passes away, she can absolutely switch to survivor benefits if they're higher than her own retirement benefit. The full survivor benefit would be 100% of what her ex was receiving - approximately $3,800 in your example. She would receive this full amount, not just the difference between her current benefit and his. When the time comes, she should bring their marriage certificate, divorce decree, and his death certificate when she applies for survivor benefits. The application should be made promptly as benefits can only be paid for 6 months retroactively.

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Thank you for the detailed information! I'll let her know she needs to gather those documents and be ready. Is there a specific form she should ask for when applying for survivor benefits as a divorced spouse?

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I went thru this exact process but let me tell you getting ahold of someone at Social Security to process the survivor claim was IMPOSSIBLE!!! Called for weeks and couldn't get through, kept getting disconnected. Finally used a service called Claimyr (claimyr.com) that got me connected to an agent in 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Totally worth it since I was trying to get my survivor benefits processed quickly. When dealing with survivor claims, time really matters because you want to start getting those payments ASAP.

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does that service cost money? the SSA phone system is the WORST. i spent 3 hours on hold last time!

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Your sister in law is very LUCKY she was born before 1954!! Those of us born after got SCREWED by the government changing the rules on us! I cant do the restricted application even though I paid into the system my WHOLE LIFE just like people born before 1954 did. How is that fair????

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I know, right? Same thing happened to me. Born in 1955 and missed the cutoff by just over a year. My financial advisor never even told me about these strategies until it was too late. The whole system feels rigged sometimes.

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my aunt tried to get survivor benefts from her ex husband and they told her she had to get his death certificate which was hard becuase they had been divorced for like 30 years and she didnt know his family anymore!! make sure your sister in law knows how to get the death certificate when the time comes or it will be a huge headache!!!!

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That's a really good point I hadn't thought about. Since they've been divorced for over 20 years now, getting his death certificate might be challenging. I'll suggest she think about how she might find out when he passes and how to obtain the certificate.

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Regarding your question about the specific form - there isn't a separate form just for divorced survivor benefits. She would apply for survivor benefits using the same process as anyone else, but indicate she's a divorced spouse. She can apply either online at ssa.gov or by calling 1-800-772-1213 to schedule an appointment. However, for divorced survivor cases, I generally recommend applying in person or at least by phone rather than online, as these cases sometimes require additional attention to process correctly.

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Thank you! I'll suggest she applies by phone or in person then. Much appreciated.

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One more important point: when her ex-husband passes away, she should notify SSA as soon as possible. Survivor benefits are not automatically awarded - she must apply. Also, unlike retirement benefits, survivor benefits can be applied for in the month of death. So if her ex passes on June 15th, for example, she could potentially be eligible for a survivor benefit payment for the month of June (paid in July). Social Security only pays survivor benefits 6 months retroactively, so timely filing is important. If she waits too long, she could lose out on some payments.

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This is SO important! I didn't know about the 6-month limit and nearly lost thousands in back payments when my ex passed. The SSA doesn't exactly go out of their way to tell you this stuff.

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