Social Security won't let me file restricted application for survivor benefits at FRA - higher RIB issue

The SSA representative was incorrect. You absolutely CAN file a restricted application for survivor benefits at your FRA (or any time after 60) while letting your own retirement benefit grow. This is still allowed under the law even after the 2015 rule changes that affected spousal benefits. What matters is that you haven't filed for your own retirement benefits yet. If you had already filed for your own, then yes, you'd be stuck with the higher of the two. As for your previous survivor benefits when your children were minors, those were mother's/father's benefits (sometimes called parent's benefits), which are different from widow(er)'s benefits. They don't affect your current eligibility. Make sure when they call you back to specifically say you want to file for "widow's benefits only" and are restricting the scope of your application to exclude retirement benefits. Bring up Section RS 00615.020 of the POMS (Program Operations Manual System) if they give you trouble - it specifically covers this situation.

I went through almost the EXACT same thing last year!! The first rep told me NO WAY could I get survivors while letting my own grow. I was so upset! Then I called back and got a different person who knew the rules and filed it right away. Some of these people dont' know what there talking about! Make sure you are VERY clear that you want to do a "restricted application for survivors benefits only" when they call. And if you don't like what they say, HANG UP AND CALL AGAIN to get someone else!!! Don't give up!

my brother in law did this last year he got widower benefits and waited on his own. saved him like $50k over 3 years! but he had to talk to a supervisor to get it done right

I've helped several clients navigate this exact situation. The confusion stems from SSA employees sometimes misapplying the deemed filing rules that changed with the Bipartisan Budget Act of 2015. Here's what you need to know: 1. Deemed filing (being forced to take both benefits at once) does NOT apply to survivor benefits 2. At your FRA, you can file a restricted application for ONLY survivor benefits 3. Your own retirement benefit can continue growing until 70 4. The fact that your own benefit will eventually be higher is irrelevant to your ability to file the restricted application When the local office calls, if they give you trouble, politely ask to speak with a Technical Expert or a Supervisor who is familiar with restricted applications for survivor benefits. Having your late husband's SSN and death certificate ready is good, but also try to have documentation of his earnings history or benefit amount if possible. And no, your previous mother's/father's benefits when your children were minors have absolutely no impact on your widow's benefits now. Those are completely separate benefits under different sections of the law.

Getting through to Social Security to correct these kinds of misunderstandings can be incredibly frustrating. After struggling with the same issue (phone waits, incorrect information), I found a service called Claimyr that got me through to an agent in under 10 minutes. It bypasses the hold system somehow. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU This was particularly helpful because I had to call several times to get someone who understood the restricted application rules correctly. If your local office doesn't call within the promised timeframe (which happens often), it might be worth checking out.

They told me I couldn't do this either but i found out later they were WRONG! i lost 8 months of payments because i trusted them! don't make my mistake!!! Social Security people often don't know there own rules!!!

Quick question - did the rep put anything in writing or actually process a denial? Or was this just a phone conversation? Because if they didn't actually process anything yet, you're still good to go when you talk to someone who knows the rules. The previous survivor benefits for your kids shouldn't matter at all.

Since nobody has addressed your question about the previous survivor benefits - receiving mother's/father's benefits years ago when your children were minors has absolutely NO effect on your widow's benefits now. Those were completely different benefits under different sections of the Social Security Act. The amount of your widow's benefit is based solely on your late husband's earning record - specifically what he would receive if he were alive today (or what he was receiving when he died if he had already claimed benefits). One more tip: when the local office calls, immediately ask if the person is familiar with restricted applications for widow's benefits. If they sound unsure, politely ask to speak with a Technical Expert who has experience with this specific situation. It can save a lot of time and frustration.

OK this is making me panic because I just applied for my widow benefits last month and no one mentioned anything about a "restricted application" they just took my application!!! I'm 66 (my FRA) and was planning to wait until 70 for my own benefits. Did I mess up??? Did they file for both??? How can I check???

whats the advantage of doing this again? so confused by all the different options lol