Social Security survivor benefits when spouse died before claiming - higher earner passed at 62, I'm 72 already collecting
I'm in a situation that seems different from most survivor benefit discussions I've found online. I'm 72 and have been receiving my own Social Security retirement benefits since I was 63. My husband, who was 10 years younger than me, passed away recently at age 62. He was still working full-time and earning significantly more than I did throughout our careers - his income was probably triple mine for at least 25 years. He hadn't applied for Social Security yet when he died. I have a phone appointment scheduled with SSA in about two weeks, but I'm anxious about what to expect. A friend who used to work for SSA told me that I should be eligible to receive what would have been my husband's Full Retirement Age (FRA) benefit amount - NOT what he would have received if he had filed at age 62. Is this accurate? It seems too good to be true that I'd get his full benefit amount even though he died before reaching his FRA. Can anyone clarify if this is correct? Would switching to his benefit provide me more than what I'm currently receiving on my own record since he was the higher earner?
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QuantumQuasar
Your friend is right! When someone passes away before claiming SS, survivors can get what would have been the deceased's FRA benefit, but it's reduced if YOU claim survivors before YOUR FRA. Since your 72 and past your FRA, you should get 100% of his FRA amount (not reduced for his age at death). Definitely worth switching since he made more $$$
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Miguel Ramos
•Thank you so much for confirming! I was worried there might be some reduction because he died before his FRA. This would make a huge difference for me financially.
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Zainab Omar
The previous comment is correct. This is addressed under Section 202(e) of the Social Security Act. Since your husband died before filing for benefits, you're entitled to receive what would have been his benefit at full retirement age (100%), not reduced for his age at death. The key factors are: 1. You're over your FRA (so no reduction on your end) 2. He hadn't filed for benefits yet (so his benefit calculation uses FRA, not age 62) 3. His PIA (Primary Insurance Amount) was higher than yours At your appointment, specifically ask about the "widow(er)'s limit provision" to ensure you receive the maximum possible benefit. If you're currently receiving less than his FRA amount would be, you should qualify for an increase. They'll calculate this automatically, but it doesn't hurt to mention it.
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Miguel Ramos
•This is so helpful, thank you! I'll definitely mention the widow's limit provision during my call. Do you happen to know if there's any specific documentation I should have ready for the appointment besides the death certificate? I have his W2s from the last few years if that helps.
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Zainab Omar
•For your phone appointment, have ready: 1. Your husband's death certificate 2. Your marriage certificate 3. Both your Social Security numbers 4. His most recent W-2 or tax return (good that you have these) 5. Your banking information for direct deposit if different from your current benefit You generally won't need his earnings history as SSA has that on file, but having a recent tax document can sometimes help if there's any discrepancy with his final earnings.
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Connor Gallagher
DONT COUNT ON ANYTHING until you actually TALK to SSA!! My neighbor was told something similar when her husband died but then the actual benefit was WAY less!!! The rules are so complicated and every situation is different. Plus the agents make mistakes ALL THE TIME. I had to call TWELVE times about my widows benefits last year because every person told me something different!!!
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Yara Sayegh
•This is so true! I got 3 different answers from 3 different SSA reps last month. One told me I wasn't eligible for anything, another said I'd get 75% of my late wife's benefit, and the third finally figured out I was actually entitled to the full amount. It's exhausting.
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Keisha Johnson
•I've been in the same boat with the endless phone calls and conflicting information. After getting nowhere for weeks trying to reach someone who could actually help with my survivor benefits, I finally tried Claimyr (claimyr.com). They connected me to an SSA agent in less than 10 minutes when I'd been trying for days. You can see how it works in their video: https://youtu.be/Z-BRbJw3puU. Saved me so much stress during an already difficult time.
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Paolo Longo
i think theres actually one more thing to consider in your case. since you already took your own benefit at 63 (before your FRA), you took a early retirement reduction. but when switching to survivor benefits, they don't carry over that reduction. so you could see an even bigger increase vs what your getting now. but also remember survivor benefits don't get delayed retirement credits beyond your FRA. so it wouldn't have mattered if you waited past your FRA to apply for the survivor benefit.
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Miguel Ramos
•That's interesting about my early filing reduction not affecting the survivor benefit. I didn't realize that! And good point about DRCs not applying to survivor benefits past my FRA. I'll make sure to apply as soon as possible after my appointment.
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CosmicCowboy
This is why the SS system is so frustrating. Your getting a bigger benefit because your husband never claimed but if he had filed early and then died you would get less! Makes no sense to me. Meanwhile people like my sister who's husband claimed early then died get stuck with reduced benefits forever. The whole system needs an overhaul.
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QuantumQuasar
•Yeah the rules are weird sometimes. But actually if her husband had filed early and then died within the first year, she could have asked SSA to withdraw his application so it would be like he never filed! Not many people know about that exception.
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Miguel Ramos
Thank you everyone for the helpful information! I'm feeling much more confident about my upcoming appointment now. I'll be sure to specifically ask about receiving 100% of what would have been his FRA amount and mention the widow's limit provision. One last question - will I need to give up my current benefit completely, or will they just pay me the difference between my current benefit and his FRA amount?
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Zainab Omar
•You don't receive both benefits simultaneously. SSA will pay you the higher of the two amounts. In practical terms, if you're currently getting $1,500 on your own record and your husband's FRA benefit would have been $2,300, you'll get a total of $2,300 (not $3,800). On your SSA benefit statement, they'll show it as you receiving your benefit plus a partial survivor benefit that brings the total to the higher amount. It's administratively handled as two separate payments that equal the higher benefit amount.
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Miguel Ramos
•That makes perfect sense, thank you for explaining! I'm looking forward to getting this sorted out with SSA.
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