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Disabled Surviving Ex Spouse Remarried Age 50 Social Security

I really need help!  I was married for 10+ yrs to my ex. He started collecting disability after our divorce. I became disabled at age 58, 14 yrs after our divorce. I then remarried at age 59 and was actively collecting disability. My ex spouse died at age 65 while he was actively collecting disability and died just recently. My age is 64. Since I was disabled and over the age of 50 when I remarried, everything I research on the web tells me I should be able to collect from my first marriage as a Disabled Surviving Ex Spouse 100% of his BECAUSE I was Disabled and also remarried after 50. If I were not disabled I would not be eligible unless I waited until the age of 60 or later to remarry. My local Social Security office is telling that because I got married before 60 I am not eligible. They understand my disability but will not change their mind. Help! This was just me on the phone with them trying to get information. I have not yet filed the paperwork but I need some advice on what I can do. They tell me the rep who takes my claim will be the one making the decision, that it does not go further. Also that I can appeal a decision 2x then go before a judge. It should not be so difficult when I find information that clearly states I would receive benefits. What do I do when the Social Security office is telling me wrong, or they make a wrong deision?

KayLil
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@KayA702441 wrote:

 

  I was married for 10+ yrs to my ex.

 

He started collecting disability after our divorce. I became disabled at age 58, 14 yrs after our divorce.

 

I then remarried at age 59 and was actively collecting disability.

 

My ex spouse died at age 65 while he was actively collecting disability and died just recently.

 

My age is 64.

 

Since I was disabled and over the age of 50 when I remarried, everything I research on the web tells me I should be able to collect from my first marriage as a Disabled Surviving Ex Spouse 100% of his BECAUSE I was Disabled and also remarried after 50.

 

 


I broke your post up so that I could see each of your points better.

 

Are you sure that this would be a better benefit for you ?

 

A person who has been approved for SSDI is drawing 100% of their SS benefit - if a person starts drawing SSDI earlier than their full retirement age (FRA) it is classified as Social Security Disability Benefit and when they reach their FRA the only thing that changes is the classification of the benefit - from SSDI to SS Old Age benefit - there is no change in the dollar amount for this reclassification of benefits.

 

So right now YOU are receiving 100% of YOUR benefit.

By changing to a SURVIVORS benefit, you are then playing by the Survivor rules of SS and since you are only 64, you are less than your FRA and thus you would NOT receive 100% of your now deceased ex-spouse benefit.  It will be reduced by about (my estimate) 25% because you would be receiving this SURVIVORS benefit early. 

 

YOUR disability benefit ( the when ) is what the SSA seems to be challenging. i am sure SSA is looking at it the above way since you were NOT disabled while married to your now deceased ex-spouse - in fact, your disability occurred many years after the marriage ended.

 

So the 1st thing for you to consider before going forward with any legal claim would be to find out is which way your benefit would be the largest - you only get one - YOUR (current) SSDI benefit or a reduced % of your now deceased ex-spouse. Either of those would probably be worse case scenario.

 

So, IMO, the reason why SSA is not agreeing with you on your rationale is the timing of when your disability occurred that is the real problem - because if you were declared disabled DURING your marriage to your now deceased ex-spouse, you would be able to file for his Survivors Benefit with no reduction in benefits.  But that is not the way it happened - 

 

You cannot use a life situation that occurred long after your marriage ended to use benefit rules that affect you in receiving your now deceased ex-spouses benefit.  

 

i hope this make sense to you - 

 

 

 

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@KayA702441 

 

I assume since you kudo'ed my explanation, you understand the problem -

To rephrase - You can get a Survivors benefit based on your now deceased ex-husband's file but it will not be at 100% because you are disabled because of when you became declared disabled.  It will be a reduced benefit based on your age when you file for this Survivors benefit..

 

I am sure SS would be happy to figure it for you or you could do it yourself then you could compare it to your SSDI benefit that you are now receiving. 

 

 

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Gail wrote-You cannot use a life situation that occurred long after your marriage ended to use benefit rules that affect you in receiving your now deceased ex-spouses benefit.  ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------Gail this is confusing situation but I would still have her check with SSA for more options. I know of someone who completely gave up her Disability benefit to receive her first deceased husband full benefit after she reached FRA (66)  Her last husband had also passed away but she received more from first husband`s  benefit  . I believe she had to be married to first husband for at least 10 years to do that.If this is the  case the poster might be better waiting 2 years and for the time being keep her Disability benefit until she reaches that age .

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@easyed598 wrote:

Gail wrote-You cannot use a life situation that occurred long after your marriage ended to use benefit rules that affect you in receiving your now deceased ex-spouses benefit.  ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------Gail this is confusing situation but I would still have her check with SSA for more options. I know of someone who completely gave up her Disability benefit to receive her first deceased husband full benefit after she reached FRA (66)  Her last husband had also passed away but she received more from first husband`s  benefit  . I believe she had to be married to first husband for at least 10 years to do that.If this is the  case the poster might be better waiting 2 years and for the time being keep her Disability benefit until she reaches that age .


That would be perfectly acceptable AS LONG AS SHE WAS DECLARED DISABLED DURING THIS 1ST MARRIAGE or EVEN WITHIN (7) YEARS OF THE EX-SPOUSE'S DEATH. *.

 

The problem with the OP's situation is that she was not declared disabled during the marriage to her now deceased ex-spouse or within the acceptable time frame.  In fact, she was not declared disabled until 14 years after their marriage ended and then the ex-spouse died after that time..  This is the part of the rule that does not apply to her.

*  Widows Benefit -  SSA Benefits Planner: Survivors Benefit

  • begin receiving benefits as early as age 50 if you are disabled and the disability started before or within seven years of the worker's death.

The OP can most definitely file for Survivors benefits on her now deceased ex-husband's benefit BUT it will NOT be at the 100% rate as stated in her post.  That is the problem here.  She would get it percentage-wise based on the date which she files for the benefit - early (she is now 64), when she would receive a percentage of his benefit OR, as your acquaintance, 100% at FRA.

 

The OP's problem is that even though she can qualify for Survivors benefits on her now deceased ex-spouse's record - her disability does not play into the matter - the only thing that applies is that she is an ex-spouse of a now deceased beneficiary. She does not get 100% of the Survivors Benefit because she is now disabled and less than retirement age.

 

Yes, it is confusing - Do you understand now?

 

 

 

 

 

 

 

 

 

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gail wrote- She does not get 100% of the Survivors Benefit because she is now disabled and less than retirement age.

 

Yes, it is confusing - Do you understand now?---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Agree ,but that is why I posted that she should keep her disability  benefit for 2 more years for FRA and then switched to deceased husband to receive 100% of his benefit if it is more than she is getting now.  I know of 2 cases where that happen.

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@easyed598 wrote:

gail wrote- She does not get 100% of the Survivors Benefit because she is now disabled and less than retirement age.

 

Yes, it is confusing - Do you understand now?---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Agree ,but that is why I posted that she should keep her disability  benefit for 2 more years for FRA and then switched to deceased husband to receive 100% of his benefit if it is more than she is getting now.  I know of 2 cases where that happen.


Agreed or she could file for it now but at a reduced benefit because of her age and not expect 100% of it because she is disabled because of when she was declared disabled.

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Gail wrote-Agreed or she could file for it now but at a reduced benefit because of her age and not expect 100% of it because she is disabled because of when she was declared disabled.---------------------------------------------------------------------------------------------------------------------------------------------------------Agree if that would pay her more-but if she went for her deceased husband benefit at FRA she could be paid more and her disability SS benefit  would have to be discarded  completely no matter what age she  first collected it . It wouldn`t matter if she and her first (or second )  husband were divorce as long as the original (or second) were deceased when she files under survivior benefit.If she is now a widow ,she has more options.

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@easyed598 wrote:

Gail wrote-Agreed or she could file for it now but at a reduced benefit because of her age and not expect 100% of it because she is disabled because of when she was declared disabled.---------------------------------------------------------------------------------------------------------------------------------------------------------Agree if that would pay her more-but if she went for her deceased husband benefit at FRA she could be paid more and her disability SS benefit  would have to be discarded  completely no matter what age she  first collected it . It wouldn`t matter if she and her first (or second )  husband were divorce as long as the original (or second) were deceased when she files under survivior benefit.If she is now a widow ,she has more options.


easyed598-

No sure we are on the same page yet -

A divorced spouse, whose marriage lasted at least 10 years, who is disabled, as long as the disability occurred either during that now dissolved marriage or up to 7-years later, can file for 100% survivors benefits on the now deceased ex- husband's benefit as early as age 50.  

 

The OP was trying to get that 100% even though she was younger than FRA - she met all of the other criteria except the timing of her own disability - which did not happen until 14 years after the marriage ended.

 

Yes, as you say, she can also wait until her FRA and file for these survivors benefits and receive 100%  of them but that wasn't her question.

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Thank you so much for your help. I became disabled at age 57 in the year 2014, divorce proceedings were in 2004 but the paperwork was not actually filed for final divorce until 2011 because the attorneys failed to file final paperwork until 2011, (just keeps getting more complicated) and my divorce papers show filed in the court in 2011. If going by 2011, I was disabled within 7 years from my divorce. He died in 2019.
The social security info reads "If you are disabled prior to your ex spouse death or within 7 years"
That is a situation i just recently discovered after looking at my divorce papers
The original question was whether or not I would be entitled to my first ex spouse benefits because I married my 2nd spouse in 2014 and he is still living.
I am on disability now and I know that my ex spouse received his 100% because of that. Since I remarried at age 59, was dsabled at the time. My current husband is still alive.
So from what I understand, I might be able to claim a partial % right now from my first spouse because I am not FRA? If I wait until FRA I should be able to receive 100% of my first spouse's benefit even if my current husband is alive and we are still married?
KayLil
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@KayA702441 

 

Since you have to apply for any Survivors benefits in-person and since I can't keep up with all the applicable dates and occurences -

Gather all the information

  • marriage certificate
  • divorce final decree
  • his death certificate 
  • your date of SSDI approval

and get an appointment with the local office - they will tell you if you qualify and if not the reason why.  Then you can make your decision on any legal challenge you wish to make.

 

If they tell you, you are qualified - ask them to run the numbers and compare them to what you are getting now- which will also be your benefit at FRA + COLAs

- a survivors benefit (on deceased ex-husband file ) at your current age (early)

- a survivors benefit ( on deceased ex-husband file) at your FRA

 

Another thing you might want to consider is your benefits with your current husband - Spousal or survivors - in case those maybe higher since your ex - husband had many years of disability and was not able to keep adding to his benefit.  If you move away from your SSDI, I am not sure those would be available if you picked up this ex-spouse's survivor benefits.  

 

I think easyed598 is talking about the "deemed filing" rule that is going to affect people born on or after January 02,1954 - simply put, once you file for your own benefits OR spousal benefits - you are deemed to have filed for both.

 

I do not know how this might affect Now deceased EX-spouse survivor benefits - but it may.  

 

 

 

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So from what I understand, I might be able to claim a partial % right now from my first spouse because I am not FRA? If I wait until FRA I should be able to receive 100% of my first spouse's benefit even if my current husband is alive and we are still married?

KayLil--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------You could be right -I think the rules changed on this qualification recently but still would consult with SSA.
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GAIL WROTE-Yes, as you say, she can also wait until her FRA and file for these survivors benefits and receive 100%  of them but that wasn't her question.----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------I understand but my point was that she could be much better off if she waited 2 years for FRA.  Her best bet is to go to SS office and weigh the options and the sooner the better.

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complicated situation-You might want to keep your disability benefit for another 5 years and then you could qualify from either husband benefit having been married to both for at least 10 years and providing both are deceased. My sister was married twice for at least 10 years to each husband. After her first and  second husband passed away ,she found her monthly payments were much more from her first husband and naturally she went that route. I think new provisions have been implimented recently so you might seek a second opinion.

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