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Summer Green

Social Security disability and ex-spouse benefits with ALS diagnosis - multiple beneficiary question

My brother (65) was just diagnosed with ALS and approved for SSDI. His situation is complicated and I'm trying to help him understand how benefits work for everyone involved. He divorced his first wife after 12 years of marriage (she's 60 now and never worked outside the home). He remarried about 3 years ago. I'm confused about who can claim what benefits. Can his ex-wife claim spousal benefits now that she's 60? Would she get 50% of his disability benefit? And if his condition worsens (which sadly is likely with ALS), would she eventually get 100% survivor benefits? What about his current wife's rights to benefits? They're both so overwhelmed with the medical situation that they haven't even thought about these financial aspects. Any insights from those who've navigated similar situations would be really appreciated.

Gael Robinson

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I'm sorry about your brother's diagnosis. The answers aren't straightforward, but I'll try to help based on my experience with my mom who was in a somewhat similar situation (though with different medical issues). First, yes his ex-wife CAN claim benefits on his record since they were married over 10 years and she's 60. BUT she won't get 50% at age 60 - that's reduced for early claiming. I think at 60 it's more like 35% of his benefit? Someone correct me if I'm wrong. When it comes to survivor benefits (which I sincerely hope won't be needed soon), yes they would increase but again, claiming early means reduction. If she waits until her full retirement age, then she'd get 100% of what he was receiving. And YES his current wife can also collect spousal benefits once she's eligible by age. The fact that an ex-spouse is collecting doesn't reduce what the current spouse gets. The SSA doesn't 'penalize' for multiple beneficiaries that way.

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Summer Green

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Thank you for the thoughtful response. I was confused about the percentage at age 60. So it's not automatically 50% but a reduced amount because she'd be claiming early? That makes sense. I wonder if it would be better for her to wait until her full retirement age then. Do you know if there are special rules with ALS cases since it's a compassionate allowance condition? I'm trying to help everyone prepare financially while my brother focuses on treatment options.

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I can add some specifics to what the previous poster said. For ex-spouses, benefits work like this: - Yes, your brother's ex-wife qualifies because they were married 10+ years - At age 60, she would receive approximately 71.5% of her full survivor benefit (not 35%) - For spousal benefits while he's living, she'd need to wait until 62 to claim (not 60), and would get about 32.5% of his full benefit amount at that age - If she waits until her Full Retirement Age (probably 67 for her), she'd get the full 50% spousal benefit - When he passes, if she's already receiving spousal benefits, they automatically convert to survivor benefits His current wife also has full rights to spousal/survivor benefits regardless of the ex-wife's claims. Both can receive benefits based on his record simultaneously without reducing each other's amounts. With ALS, the SSA does have special provisions under Compassionate Allowances, but those mainly affect the disability application process, not the spousal/survivor benefit calculations.

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Summer Green

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Thank you for these specific percentages - that helps a lot. So his ex-wife would need to wait until 62 for spousal benefits (not 60), but could get survivor benefits starting at 60 if that unfortunate situation occurs. The percentages are really helpful for financial planning. I'll make sure both women understand their options and timing considerations.

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Darcy Moore

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I dealt with something similar. My ex husband became disabled and I tried to apply for benefits on his record after we'd been divorced for 5 years (we were married for 15). The most IMPORTANT thing your brother's ex needs to know is she CANNOT be remarried if she wants to claim on his record!!! I made that mistake and got denied. Current wife obviously doesn't have this restriction. Also she should apply DIRECTLY at SSA not assume it happens automatically. They don't tell you these things!!!

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Summer Green

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That's really good to know about remarriage! His ex-wife hasn't remarried, so that's not an issue, but I had no idea about that restriction. And thank you for mentioning she needs to apply directly. I think I just assumed SSA would somehow know and process everything automatically, which sounds naive now that I think about it.

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Dana Doyle

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Sorry about your brother. ALS is tough. Just FYI, when my dad got SSDI for parkinsons, we spent 18 hours on hold with SSA trying to get some questions answered about his medicare enrollment that goes with SSDI. Nightmare!!

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Liam Duke

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I had the same experience trying to sort out my wife's survivor benefits. Spent literally days trying to get through to SSA. I finally used a service called Claimyr (claimyr.com) that got me connected to an agent in under 20 minutes. They have a demo video showing how it works here: https://youtu.be/Z-BRbJw3puU - it saved me so much stress during an already difficult time. Especially with ALS cases where time is unfortunately a factor, it might be worth considering so you're not wasting days on hold.

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Manny Lark

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everyone is forgetting to mention the LUMP SUM DEATH BENEFIT!! when he passes whoever is the current spouse gets a one time $255 payment. I know it's not much but every bit helps with funeral costs etc

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Gael Robinson

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You're right about the lump sum death benefit, but $255 barely covers anything these days. It's almost insulting how low that amount is and it hasn't been increased in decades. But yes, his current wife would be eligible for that payment.

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Rita Jacobs

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The advice here is mostly good but I want to clarify something important: with ALS, there is NO 5-month waiting period for SSDI benefits like there is with other disabilities. Also, Medicare eligibility begins immediately after SSDI approval rather than the normal 24-month waiting period. Make sure your brother knows this as it's extremely important for covering medical costs. Also, has your brother checked if he has any private disability insurance through previous employers? Many people don't realize they might have coverage. With ALS, it's critical to secure all possible financial resources.

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Summer Green

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I had no idea about the waived waiting periods for SSDI and Medicare with ALS! That's incredibly valuable information. He was just approved for SSDI but hasn't received information about Medicare yet, so I'll make sure he follows up on that immediately. And good point about private disability insurance - he did have coverage through his employer before he had to stop working, and we need to check on the status of that claim. Thank you so much for this information.

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Gael Robinson

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One more thing no one has mentioned - if his ex-wife has never worked, she should look at SSI (Supplemental Security Income) too, not just waiting for benefits based on your brother's record. She might qualify NOW based on need, age, and disability if she has any health issues herself. The rules are complicated but worth checking into.

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This is partially correct but needs clarification. SSI is need-based and has strict asset limits ($2,000 for individuals). If the ex-wife has savings, investments, or other resources above that threshold, she wouldn't qualify regardless of her lack of work history. Also, at age 60 without a qualifying disability, she wouldn't meet the age requirement for SSI (which is 65). Her best option is still likely waiting until she's eligible for benefits based on the ex-husband's record.

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