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Can A Surviving Spouse Repay The Benefits Collected By Their Deceased Spouse In Order To Be Able To Qualify For A Higher Survivor Benefit?

Question 1: my sister-in-law just passed away at 62 after receiving 4 or 5 social security checks. Can her husband who is 64 and also collecting social security since 62, repay those checks and be entitled to collect at her higher (maybe 70 years old?) rate when he turns 70?
Question 2: I plan to not collect social security until I turn 70 only because if I go first I want my wife to have my maximum benefit. How early can she start taking benefits (like 62?) without compromising her entitlement to my maximum benefit by waiting to 70 for me to collect? I hear conflicting ages. Thanks in advance. I can only imagine how much your help contributes to the overall financial stability of our senior citizens. I wish you were around when my mom was making her retirement decisions.

Hi. I'm sorry for your loss. The answer to your first question is no. The only way that a surviving spouse can withdraw a claim filed by their deceased spouse is if the deceased's claim hasn't yet been certified for payments (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200206005#b). If your sister-in-law was already collecting benefits, then her claim would already have been certified for payments.

If your sister-in-law's reduced gross benefit rate was roughly the same as or higher than your brother's gross benefit payment, then it sounds like he should probably apply for widower benefits now. The most he could be paid as a survivor is the higher of a) his own benefit rate, or b) his wife's reduced gross benefit rate, or c) 82.5% of his wife's primary insurance amount (PIA). If your brother is now 64 and has been collecting his own benefits since age 62 then his survivor rate won't get any higher if he waits until later to claim survivor benefits.

If you wait until age 70 to start collecting your Social Security retirement benefits and later die, your wife would need to be at least full retirement age (FRA) in order to be due your full age 70 rate as a surviving spouse. If she starts collecting widow's benefits prior to her FRA, her survivor rate will be reduced for age.

Best, Jerry

Posted: 
Aug 22 2022 - 7:01am
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