Ask Larry

Don't I Have The Option To File A Restricted Application For Widow's Benefits?

Hi. Thank you for your quick reply. I read the cited POM sections and researched them further. I see that under the new regulation of 2015 the restricted application has been phased out for any person born after January 1, 1954. However, I also read (on various social security teacher's materials) that the restricted application remains available for widows. Is this so? Is there a different reason why this option is not available to me? Also, you're correct, it wouldn't be prudent for me to withdraw my disability claim.
Thank you so much,
Susan

Hi Susan. Widows can file a restricted application, meaning that they would then be restricting their application to widow's benefits only. Most Social Security applications are considered to be applications for ALL benefits for which a person is eligible, so the only way to apply for a single type of benefit is to restrict the application to a single benefit type. That can be done by adding a statement in the remarks section of the application.

However, restricting an application to widow's benefits only has no effect on benefits for which you've already applied. In your case, you apparently applied for Social Security disability (SSDI) benefits in the past, and under Social Security law those benefits automatically convert to regular Social Security retirement benefits when you reach full retirement age (FRA). Thus, in effect, when you applied for SSDI benefits you also applied for Social Security retirement benefits to start at FRA. Or, at least that is how the law is being interpreted by the Social Security Administration.

So, short of a successful legal challenge to the Social Security Administration's interpretation of the Social Security law (https://www.ssa.gov/apply/appeal-decision-we-made), the only way that you could undo your entitlement to Social Security retirement benefits is by withdrawing your claim for SSDI benefits, which would require you to repay all of the benefits you've collected. If you don't withdraw, then you couldn't qualify for widow's benefits unless your widow's rate is higher than the Security retirement benefit rate to which you're currently entitled. That's true even if you voluntarily suspend your retirement benefits.

Best, Jerry

Category: 
Posted: 
Feb 3 2023 - 8:06am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.