Missing ex-spouse Social Security benefit top-off payments from 2017-2022 - can I get backpay?

Unfortunately, SSA generally doesn't provide retroactive benefits in this situation. They follow what they call the "protective filing date" rule, which means benefits start from when you actually apply for them, not when you first became eligible. The maximum retroactive period is typically 6 months for retirement and spousal benefits. I went through something similar with my mother's widow's benefits. We learned she could have been collecting for years, but SSA only paid her from the application date forward. It's frustrating but that's how their system works.

my cousin had same thing happen but with survivor benefits!!! she got nothing back. they say its YOUR job to know the benefits ur eligible for not theres. pretty messed up system if u ask me.

SO ANGRY FOR YOU!!! This happens ALL THE TIME with Social Security! They NEVER tell people everything they're eligible for. I worked for a senior center for 15 years and saw this constantly. The SSA employees are trained to answer ONLY what you specifically ask about, not to tell you all your options. It's a deliberate cost-saving strategy. I had a client who lost out on FIVE YEARS of widow's benefits this way. Another who could have been getting disabled adult child benefits instead of SSI which would have been $430 more EVERY MONTH. You can try filing for retroactive benefits with a "good cause" explanation for late filing, but I've NEVER seen it work for situations longer than 6 months. It's absolutely CRIMINAL!

Let me clarify a few things about ex-spouse benefits and retroactivity: 1. For divorced spouse benefits, you're correct that you're eligible if your marriage lasted at least 10 years. 2. Regarding retroactivity, Social Security can only pay benefits retroactively for a maximum of 6 months from your application date for retirement/spousal benefits (12 months for disability). 3. As others have mentioned, SSA generally won't pay benefits for periods before you actually applied, even if you were eligible but unaware. 4. There is a concept called "misinformation" claims where if you can prove an SSA employee gave you incorrect information that caused you financial harm, you might have recourse. However, these claims are extremely difficult to win, especially for simple omissions (not telling you about potential benefits). If you want to pursue this further, I'd recommend submitting a formal request for retroactive benefits with a detailed explanation, but also be prepared for a likely denial.

Have you tried actually getting through to someone at Social Security to discuss this? I've found that sometimes you can get different answers depending on who you talk to. Maybe try calling again and see if you get someone more helpful? I tried calling SSA about my own benefits situation last month and couldn't get through after being on hold for over 2 hours! So frustrating!

this happened to my aunt too!! she missed out on like 7 years of benefits! so messed up that they dont tell ppl this stuff automatically!

One more thing to consider - did you become eligible for SSDI before your ex-husband reached his full retirement age? If so, there might be another complication, as the divorced spouse benefit typically requires the ex to be entitled to benefits (either by claiming or being eligible for retirement benefits). It's a complex calculation based on both your ages, when you each became eligible, and several other factors. This might explain why you weren't informed initially - the timing of eligibility may have changed over the years. I'd recommend requesting a detailed benefits explanation from SSA about when exactly you became eligible for the divorced spouse top-off. This document might help if you decide to appeal.

nothing works with SS unless u put it in WRITING!! make sure u send a letter certified mail and keep copies of EVERYTHING! my friend fought for 3 yrs to get widow benefits and only won bcuz she had proof of everything

Regarding your appeal options if denied: 1. Request for Reconsideration: This is the first level of appeal. You'd submit form SSA-561. 2. Administrative Law Judge (ALJ) Hearing: If the reconsideration is denied, you can request a hearing. 3. Appeals Council Review: If the ALJ denies your claim, you can request the Appeals Council to review it. 4. Federal Court Review: The final level would be filing a civil action in Federal District Court. However, I want to set realistic expectations. For retroactive benefits beyond the standard 6-month period, the success rate is extremely low unless there was documented misinformation or you can prove you attempted to file earlier. Regarding your ex-husband's age affecting eligibility: You're onto something important. If he wasn't yet receiving benefits or eligible for benefits when you applied for SSDI, that could explain why you weren't informed initially. The divorced spouse benefit rules require the ex-spouse to be entitled to benefits (though they don't have to be claiming them if you've been divorced for at least 2 years).