Social Security survivor benefits for multiple marriages - what happens when I turn 62 with special needs kids?
I'm trying to figure out my Social Security options as I approach 62 next year. My situation is complicated with multiple marriages and special needs children. My current situation: - First marriage ended when my husband passed away in his 30s (we were married about 3 years, he had good earnings) - Second marriage ended in divorce after 8 years (ex is still alive) - Third husband passed away after almost 25 years of marriage - I have three children (13, 15, and 16) - two have special needs - Currently receiving survivor benefits for my children (about $4,200/month) but opted out of the mother's/caregiver benefit - I've had good earnings throughout my career I'm confused about several things as I approach 62: 1. How will my children's benefits change if I file for my own retirement? 2. Can my special needs children continue receiving benefits after they turn 18? 3. Am I eligible for anything from my first husband's record? 4. Should I wait until my full retirement age to collect my own benefits? The SSA website is so confusing and I can't seem to get clear answers about multiple marriages and special needs situations. Any advice would be greatly appreciated!
18 comments
AstroAdventurer
You've got some options to consider here. Let me break them down: 1. At 62, you could claim your own reduced retirement benefit OR a reduced widow's benefit from either deceased husband (generally whichever is higher). The optimal strategy is usually to take the reduced widow's benefit at 62 and switch to your own retirement at your Full Retirement Age (FRA) if it's higher. 2. Your special needs children may qualify for benefits past 18 if their disability began before age 22. They'll need to go through a disability determination process, but they could receive benefits indefinitely. 3. Yes, you technically qualify for survivor benefits from your first husband since you were married at least 9 months and haven't remarried before age 60. 4. The children's benefits won't be affected by you filing for retirement - they're already receiving the maximum family benefit based on your deceased husband's record. The family maximum is the complicating factor here - there's a cap on total benefits paid on one earner's record. You really need to get specific calculations from SSA to make an informed decision.
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Jamal Carter
•Thank you so much for this detailed response! I didn't realize I could potentially claim from my first husband's record. Is there any way to find out which deceased husband's benefit would be higher without actually applying? And for my special needs children, do I need to start that disability determination process before they turn 18 or can it be done after?
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Mei Liu
I've been down this EXACT road and it's so confusing!!!! When my husband died and left me with our disabled son, I spent MONTHS trying to figure out what to do. The SSA people kept giving me different answers every time I called. One thing I learned the HARD WAY - get the disability determination process started EARLY for your special needs kids!!! It took us almost 2 years and we almost had a gap in benefits. My son's benefits stopped at 18 even though his disability started at birth because the paperwork wasn't completed correctly. I had a previous marriage too and they told me I could claim on either husband but not both. I ended up taking my own benefit at 62 and it was a HUGE MISTAKE. I should have taken the survivor benefit and let my own grow.
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Jamal Carter
•Oh no, that sounds like a nightmare with your son's benefits! I'll definitely start the disability determination process right away. Did you have to hire a lawyer to help with that process? And I'm sorry you had regrets about taking your own benefit early - that's exactly what I'm afraid of doing.
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Liam O'Sullivan
I had such a hard time reaching someone at Social Security to help with my complicated situation until I tried Claimyr. It let me skip the phone wait and got me connected to an actual SSA agent in minutes. I watched their demo video (https://youtu.be/Z-BRbJw3puU) and it was super easy to use. The agent I spoke with was able to pull up all my deceased husbands' records and tell me exactly which one would provide the higher survivor benefit. They also connected me with the right department for my disabled child's transition to adult benefits. Saved me weeks of frustration!
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Amara Chukwu
•Does this actually work? I've been trying to get thru to SSA for 3 weeks about my overpayment notice and keep getting disconnected.
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Giovanni Conti
my special needs son just turned 18 and we're still getting his benefits. they made him go to a medical exam with their doctor and fill out lots of forms about what he can and cant do. it was approved pretty fast but I've heard horror stories. start early!!! also they told me that my benefits and his are separate - my filing early didn't affect his amount at all.
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Jamal Carter
•That's good to know! Was there a specific form you had to fill out to start the adult disability process? I'm worried about missing some crucial paperwork and having benefits interrupted.
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Fatima Al-Hashimi
Let me clarify a few technical points that might help with your decision: 1. For children with disabilities, you'll want to file SSA-10-BK (Application for Child's Benefits) and SSA-16 (Application for Disability Insurance Benefits) before they turn 18. The medical determination process uses the same criteria as adult SSDI but the financial qualification is based on the parent's record. 2. Regarding your first husband: The 9-month marriage duration requirement for survivor benefits is waived if you had a child together or if his death was accidental. Given the short marriage, his benefit amount would only be advantageous if he had very substantial earnings. 3. You can request a Social Security Statement online for yourself, but for deceased ex-spouses, you'll need to speak with an SSA representative who can access those records and provide benefit estimates. 4. If your own retirement benefit at FRA would exceed either widow's benefit, consider the restricted application strategy: claim the widow's benefit at 62 (reduced) and switch to your own at FRA (unreduced). This is still available despite other claiming restrictions implemented in 2015.
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NeonNova
•This is not entirely correct. The 9-month duration-of-marriage requirement is only waived in very specific accident scenarios, not all accidental deaths. And the mother of child-in-care benefit has different rules than regular survivor benefits. Check Publication 05-10084 on SSA.gov for accurate info.
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Amara Chukwu
just wondering - are your benefits for the kids really $4200/month??? thats way more than i get for my two kids from their dad who died! is that even possible? the max family benefit i was told was like 150-180% of the deceased persons benefit amount. are you sure you got that number right?
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Jamal Carter
•You're right - I made a typo! It's actually about $4,200 per QUARTER, so around $1,400 monthly. Sorry for the confusion! Though I've heard the family maximum can vary quite a bit depending on the deceased person's earnings record.
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AstroAdventurer
Regarding your follow-up questions: 1. For your special needs children, start the process around age 17 (at least 6 months before they turn 18). You'll need medical records documenting their condition, functional assessments, and Form SSA-3820 (Disability Report-Adult) and SSA-16 (Application for Disability Insurance). 2. For comparing deceased spouse benefits without applying, schedule an appointment with an SSA Claims Specialist. They can access all records and provide benefit estimates for each scenario. Bring death certificates, your marriage certificates, and SSNs for both deceased husbands. 3. The maximum family benefit (MFB) might be affected when you file, so getting exact calculations is crucial. Your children's benefits may be reduced when you file for your own retirement, depending on the total family benefit amount. A detailed written analysis from SSA will help you make the optimal decision. Given your complex situation, it's worth spending time to get complete information before filing.
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Jamal Carter
•This is incredibly helpful - thank you! I'll schedule that appointment with a Claims Specialist to get the full picture. I had no idea the children's benefits might be reduced when I file. I'm going to hold off on any decisions until I have those written calculations in hand.
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NeonNova
I waited until my FRA to collect my retirement and it was worth it. My benefit is almost 30% higher than if I'd started at 62. But my situation was different - I didn't have young children to support. In your case, if taking your retirement at 62 would reduce the overall TOTAL your family receives, then waiting makes sense. But if your kids are already getting the maximum family benefit, and your filing wouldn't reduce that, then taking your retirement early might make financial sense. This is one of those situations where the math really matters. Get the actual dollar amounts from SSA before deciding.
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Liam O'Sullivan
•@SmarterRetirement I struggled with the same decision. When I finally got through to SSA using Claimyr, they ran calculations showing I'd get $300 more per month by waiting. The service was worth it just to get that comparison without waiting weeks for an appointment. claimyr.com was a lifesaver for complicated benefit questions!
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Giovanni Conti
one other thing about the special needs kids - make sure you look into setting up a special needs trust if you havent already. if they qualify for SSI (not SSDI) when they're adults then having assets in their name could disqualify them. my sister's kid lost benefits for 6 months because of this!!
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Jamal Carter
•That's an excellent point! I've been meaning to look into that. Did your sister use a specialized attorney to set up the special needs trust? I'm trying to plan long-term for both their SSA benefits and their financial future.
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