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Jamal Anderson

Finally got my sister's spousal SS benefits approved after 9-month battle - here's how we did it

After helping my sister fight the SSA for NINE months to get her spousal benefits, we finally have success! Just wanted to share in case anyone else is going through this nightmare. My sister (63) applied for spousal benefits on her ex-husband's record last July. They were married for 14 years and divorced 6 years ago. The SSA kept claiming they couldn't verify the marriage despite us submitting the marriage certificate twice! We got denied three times with increasingly ridiculous reasons (first "marriage not verified," then "length of marriage not established," then some obscure rule about her not being eligible because her ex supposedly filed and suspended before some 2016 deadline - which he NEVER did). Last week, we finally got through to a knowledgeable agent who actually reviewed her file properly, found all the documentation we'd already submitted, and confirmed she qualifies for a monthly spousal benefit of $1,875. She should receive back payments for all 9 months too - around $16,875! The emotional toll on her has been intense - she's been living on savings that were almost depleted. When I showed her how many people here had offered suggestions and support on my previous posts, she actually cried. Having people in her corner meant everything. If you're fighting for benefits you deserve, DON'T GIVE UP! The system is frustrating but persistence pays off.

Congratulations to your sister! What a relief that must be. I went through something similar with my disability claim - took 11 months and multiple appeals. The SSA seems to hope people just give up sometimes. Did you end up having to go to an in-person hearing or was it all resolved through the phone?

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Thanks! We actually never got to a formal hearing. We had one scheduled for next month, but this agent was able to resolve everything by properly reviewing the file. Honestly I think we just got lucky and finally reached someone competent who took the time to actually look at all the evidence we'd already submitted multiple times.

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SO HAPPY for your sister!! the social security system is BROKEN and designed to wear people down until they give up!! my mom went through similar nightmare with her widows benefits. they kept saying dad hadnt earned enough credits even tho he worked 40+ years!! took us 7 MONTHS to get it fixed!!!

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This scares me...I'll be applying for widow's benefits next year. Is there anything specific I should know to avoid these problems? My husband passed away 2 years ago and I'll be 60 in March.

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make sure you have EVERYTHING before you apply!!! original death certificate, marriage certificate, his ssn, birth certificate, tax returns from last 3 yrs!! they will find ANY reason to delay!!!! good luck!!!

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Stupid question maybe but how much does the ex-spouse's income matter for spousal benefits? My ex-husband made good money but I've only worked part-time most of my life. We were married 22 years. I'm turning 62 next month and trying to figure out if I should apply for my own tiny benefit or get spousal benefits on his record.

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Not a stupid question at all! At your full retirement age (FRA), spousal benefits can be up to 50% of your ex-spouse's primary insurance amount (PIA). Since you're applying at 62, you'll get a reduced amount - about 32.5% of his PIA. If you qualify for your own benefit, SSA will pay that amount, plus the additional amount needed to bring you up to the spousal benefit level. With 22 years of marriage, you definitely meet the 10-year requirement. Just remember your ex doesn't need to be collecting yet, but they must be eligible for benefits (at least 62).

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This is why I always tell people to use Claimyr when dealing with Social Security. I was in a similar situation with my disability reconsideration and spent WEEKS trying to reach someone. Found Claimyr (claimyr.com) and they got me through to an agent in under 10 minutes! They have this video demo showing how it works: https://youtu.be/Z-BRbJw3puU - saves hours of frustration. Congrats on finally getting it resolved, but for anyone else struggling, definitely worth checking out.

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does this actually work??? i spent 3 HOURS on hold last week and then got disconnected!!! ready to try ANYTHING at this point!!!

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I've seen this mentioned before. Has anyone else tried it? I'm worried about giving my information to a third party just to reach a government agency I should be able to contact directly.

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We actually did try this service for one of our calls! It worked - got us through in about 15 minutes when we had been trying for days. Probably would have saved us months of headache if we'd known about it earlier. The agent we reached that day wasn't helpful, but at least we got through.

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My wife got denied twice for her spousal benefits too. SSA is terrible with these claims. What exactly did the agent do differently that finally got it approved? Was there some specific form or did they just actually read her file?

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It was less about a specific form and more that this agent actually took the time to review the entire file history. The previous agents kept claiming documentation was missing when it was already there. The final agent confirmed the marriage certificate was in the system from our first application, verified the employment records of her ex-spouse, and correctly applied the rules for divorced spouse benefits. The key seems to be getting someone who actually understands the rules and is willing to thoroughly review the case.

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This is unfortunately all too common with divorced spouse benefits. For others facing similar issues, here are some tips: 1. Always keep copies of everything you submit to SSA 2. Get a list of required documents before applying (marriage certificate, divorce decree showing marriage lasted 10+ years, proof of ex-spouse's earnings if possible) 3. Request a "technical denial" in writing if initially denied 4. Consider requesting a Benefit Verification Letter from your ex-spouse if possible 5. If denied again, specifically request an appointment with a Technical Expert at your local office Your persistence absolutely paid off! The backpay should include all months since the initial application, with appropriate cost-of-living adjustments.

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These are great tips! I wish we'd known about requesting the Technical Expert specifically - that might have saved us months. And yes, they confirmed the backpay will cover all months since the initial application. Such a relief!

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Whats a technical denial? Never heard of that before. Is that different from a regular denial letter?

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I had a question about your sister's situation - since she's 63, is she getting reduced benefits by claiming before her FRA? I'm trying to decide whether to take my spousal benefits at 62 or wait until my full retirement age at 67 to get the full 50%. Did your sister consider waiting?

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Yes, she is getting somewhat reduced benefits by claiming at 63 instead of waiting until her FRA (which would be 66 and 8 months for her). She calculated that she'd need to live past 78 for waiting to be worth it financially. Plus, her financial situation didn't really give her the option to wait - she needed the income now. It's really an individual decision based on health, finances, and other factors.

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This is an important calculation everyone should do. Taking benefits at 62 gives you about 32.5% of your ex's PIA instead of 50% at FRA. However, you're collecting for 60 extra months. The breakeven age varies based on benefit amounts and life expectancy. For many people with immediate financial needs, taking reduced benefits makes sense despite the permanent reduction.

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Thank you for sharing this success story! I've been so discouraged lately with my own SSA issues. This gives me hope. Did you need to involve a lawyer at any point in the process? I'm wondering if I should hire one for my case.

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We actually consulted with a lawyer who specializes in Social Security cases after the second denial. They gave us some helpful guidance on what specific documentation to emphasize, but we didn't formally hire them to represent us. If we'd gotten to the hearing stage, we probably would have hired them. For complex cases or disability claims, a lawyer can be really valuable, but for straightforward benefits like divorced spouse benefits, persistence and good documentation can often be enough.

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