Can father-in-law collect late mother's Social Security while delaying his own benefits?

The SSA rep is ABSOLUTELY WRONG. This is a classic case of misinformation at SSA field offices that happens way too often with survivor benefits. Your father-in-law CAN collect survivor benefits at his full retirement age while delaying his own retirement benefits until age 70. This is called a "restricted application for survivor benefits" and it's one of the few remaining claiming strategies that still works after the 2015 law changes. The rep confused this with spousal benefits (which work differently). With survivor benefits, there is NO deemed filing rule forcing you to take both at once after FRA. He should go back, ask to speak with a Technical Expert or the Office Manager, and cite POMS GN 00204.020 which covers this exact situation. This is exactly why I tell everyone to NEVER take the first answer you get from SSA if it doesn't sound right!

not sure bout the other advice but wen my dad died my mom had similar issue. depend on if your mother in law work history was longer than his ? social security always give u the higher amount anyway so it might not mater

I went through this EXACT situation last year with my husband's benefits after my sister died. The first SSA rep told me the same incorrect information. When you go back, make sure to specifically ask for what's called a "restricted application for survivor benefits only." Those are the magic words. Bring something printed from the SSA website showing this is allowed. I had to go to THREE different appointments before I found someone who understood the survivor benefit rules correctly. The confusion is because the rules for spousal benefits changed in 2015 but the survivor benefit rules stayed the same. Also, if you're having trouble getting through to someone knowledgeable on the phone, I used a service called Claimyr (claimyr.com) that got me through to a live person at SSA in about 10 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me a huge headache when I needed to follow up about my application.

I think I can clarify what's happening here. Prior to the Bipartisan Budget Act of 2015, people could file a "restricted application" for either spousal OR survivor benefits while letting their own retirement benefit grow. The 2015 law eliminated this strategy for spousal benefits (with a phase-out for those born before 1954), but it did NOT change the rules for survivor benefits. So your father-in-law absolutely CAN file for survivor benefits at his full retirement age while delaying his own retirement benefit until age 70. Each year he delays his own benefit, it grows by 8%, which would be very advantageous in his case. The SSA representative was incorrectly applying the deemed filing rules that apply to spousal benefits to his survivor situation. This is unfortunately a common mistake. When he goes back, he should specifically request to file a "restricted application for survivor benefits only" and ask to speak with a Technical Expert if the representative seems confused.

My condolences for your loss. When my wife passed I had similar confusions with SS. I waited 3 HOURS at the office only to be told wrong info!! Then tried calling for DAYS and couldn't get through!!!! The whole system is BROKEN!!!!

One more important thing: when your father-in-law goes to his appointment, he should bring his and your mother-in-law's: - Birth certificates - Marriage certificate - Her death certificate - Most recent tax return - His Social Security card Also, he should be prepared to provide information about any previous marriages either of them had, including dates and documentation if available. And absolutely have him use the exact phrase "I want to file a restricted application for survivor benefits only while delaying my retirement benefit until age 70." Being very specific with this language helps ensure he gets the correct outcome.

my uncle did this i think. he got my aunts benifits after she died but then swtiched to his own later when he turned 70. he said it was confusing but worked out good in the end. hope your father in law gets what he deserves!!