Just found out my ex-husband died - Can I collect Social Security survivor benefits before my FRA of 67?
I need some advice about survivor benefits after a recent shock. My ex-husband passed away last month (we were married for 18 years, divorced in 2010, and I never remarried). I just turned 67 (born 03/20/1958) and was planning to start my own retirement benefits next month when I hit my full retirement age. But now I'm wondering if I should switch strategies completely. I've heard I might be able to take his survivor benefits first (which would be higher than mine) and then switch to my own benefits at 70 when they max out? Is that actually a thing? Does anyone know if there's a separate full retirement age for survivor benefits? Can I collect them now without reduction? And with all the SSA phone lines constantly busy and local offices having limited appointments, when should I start this application process? My FRA is next month and I'm getting anxious about missing deadlines. Thanks for any guidance!
19 comments
Chloe Martin
Yes, you can absolutely do this strategy! The FRA for survivor benefits is different than for retirement benefits. For someone born in 1958, survivor FRA is 66 and 8 months. Since you're already past that age at 67, you can claim unreduced survivor benefits immediately while letting your own retirement benefits grow until 70. This is called the "restricted application for survivor benefits" and it's one of the few remaining claiming strategies that still works well. Your survivor benefit would be 100% of what your ex-husband was receiving (or would have received at his FRA if he hadn't claimed yet). Start the application process ASAP - survivor claims can't be filed online. You'll need his death certificate, your marriage certificate, divorce decree, and your birth certificate.
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AstroAce
•Thank you so much! I had no idea the survivor FRA was different. That's actually a huge relief to know I haven't missed any deadlines. Do you know how much my benefit would grow between now and 70? Is it still 8% per year even after I've passed my FRA?
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Diego Rojas
im sorry about ur ex. i did this exact thing when my ex died last year. took his benefit at 67 and waiting till 70 for mine. the SSA people made it confusing tho cuz first they said i couldnt do it then a different person said i could. make sure u talk to someone who KNOWS THE RULES!!
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AstroAce
•That's exactly what I'm worried about! Getting conflicting info depending on who answers the phone. Did you have to provide a lot of documentation? I'm trying to gather everything I might need.
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Anastasia Sokolov
THE SSA WILL SCREW THIS UP IF YOU'RE NOT CAREFUL!!! When my sister tried to do this exact strategy last year, they initially DENIED her claim saying she couldn't collect on her ex-spouse!! She had to make THREE SEPARATE APPOINTMENTS and bring in the divorce decree EACH TIME before someone finally processed it correctly. They are understaffed and undertrained and YOU will pay the price if you don't know your rights!!! Make sure you specifically say "I want to file a restricted application for survivor benefits only" and GET NAMES of everyone you talk to!!!
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AstroAce
•Oh no, that sounds so stressful for your sister! Three appointments is crazy. Did she eventually get backpay for the months they delayed her claim? I'm definitely worried about how to make sure they do this right.
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Sean O'Donnell
I had a similar situation when my ex passed and getting through to SSA was a nightmare. After being disconnected multiple times and waiting on hold for hours, I found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in about 20 minutes instead of the usual 2+ hour wait. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU It was worth it because the agent was able to walk me through exactly what documents I needed and scheduled me for an in-person appointment to process the survivor application. Like others said, you definitely want to get this right the first time because fixing mistakes with SSA can take months.
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Zara Ahmed
•thanks for sharing this, just checked out the video! did they need your ssn or anything to use the service? seems sketchy to give personal info to a third party
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Sean O'Donnell
•No, they don't need your SSN or anything like that. They just connect you to the SSA phone line and then SSA asks for your info directly. It just bypasses the wait time somehow.
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StarStrider
You've gotten good advice here, but I want to add some detail. Since you were married for 18 years (over the 10-year minimum) and haven't remarried, you're 100% eligible for survivor benefits on your ex's record. The survivor FRA for someone born in 1958 is 66 and 8 months, which you've already passed. So you can get 100% of his benefit amount NOW, and then switch to your own retirement benefit at 70 when it will be 132% of your PIA (Primary Insurance Amount). This is literally the optimal strategy in your situation. Your own benefit will increase by 8% per year from your FRA until age 70 (technically it's 2/3% per month). So waiting until 70 means a 24% increase from your FRA amount (if your FRA is 67). Call SSA at 1-800-772-1213 first thing in the morning when they open (avoid Mondays and the first week of the month when they're busiest). Be prepared for a long wait.
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AstroAce
•Thank you for the detailed numbers! So I'll get 24% more by waiting to 70 - that seems worth it. And I appreciate the tip about avoiding Mondays and the first week of the month. Do you know if I need to provide my ex's death certificate or will SSA already have that on file?
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Luca Esposito
My mom did EXACTLY this when my dad passed 3 years ago. She took his benefit at 66 and is waiting til 70 to switch to hers. But what nobody told her is that they automatically do something called "deemed filing" now where they give you whichever benefit is higher. So make sure you specifically say you want ONLY the survivor benefit right now. Mom almost got stuck with her lower benefit because the SSA person didn't process it right. Good luck!
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Chloe Martin
•Just to clarify - deemed filing doesn't apply to survivor benefits! That's why this strategy still works. Deemed filing only applies to retirement and spousal benefits claimed after 2015. Survivors are exempt from deemed filing rules. Your mom was right to insist on the correct processing though, as many SSA employees don't understand all the nuances of these rules.
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Diego Rojas
dont wait too long!! i think theres a time limit to claim survivor bnefits after death. like 6 months? or maybe thats just when they backpay to. someone else probably knows better than me
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StarStrider
•There's no strict time limit for applying for survivor benefits, but they can only pay up to 6 months of retroactive benefits. So if you wait too long, you could lose some months of payments. That's why it's best to apply as soon as possible after the death occurs.
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Anastasia Sokolov
Here's another WARNING for everyone!!! If you're already receiving retirement benefits on your OWN record, you CAN'T switch to just taking survivor benefits!!! The rules CHANGED in 2015 with that awful budget act! Once you've filed for your own retirement, you're DEEMED to have filed for ALL benefits! The ONLY exception is if you were born before January 2, 1954 which it sounds like you were! Check your birth year!
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Chloe Martin
•This isn't accurate for survivor benefits. The deemed filing rules from the 2015 Budget Act only apply to retirement and spousal benefits, NOT to survivor benefits. Someone can be receiving their own retirement and still switch to survivor benefits if the survivor amount is higher. Similarly, someone can receive survivor benefits first and later switch to their own retirement benefits if that would be higher. This is still allowed regardless of birth year.
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Zara Ahmed
when you call ssa make sure you write down EVERYTHING they tell you!!! my aunt got different answers from 3 different people! also they backdate survivor benefits to the month of death if you file within 6 months
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AstroAce
•That's a great tip about writing everything down. I'll definitely do that. I'm a little worried about having to defend my case if I get someone who doesn't understand the rules correctly.
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