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What Is The Proper Course Of Action For Me To Take?

I have read your books and questions here, but SSA has me totally confused.. My employed husband passed in 2015 at age 63. I was 59 and worked in his office, after which I ceased working. Married for 32 years, with 7 children. Not remarried. Neither of us collected SS benefits. My PIA is 1410 and widow PIA is 2541.
#1 Went to a SSA office 2017 to apply for the death benefit and get options. No qualifying children, must be 62, file on my record, then my husband's at FRA.
#2 Went to my local office 2018 at 62 to follow up, which involved a brief confusing explanation, and walked out filing for benefits on my record ($1040), having been told that when I reach my FRA I could switch over to my husband's benefit.
#3 I called the local office July 2021 to make sure of my June 2022 FRA timing for benefits through my husband. The rep said, why did you wait so long, you needed to withdraw your application for benefits, it's too late, you can't collect on your husband's record. Panic stricken, I filed an application to withdraw which was confirmed received early Sept 2021, and have heard nothing to date.
#4 I called the general SSA number Nov 2021 to get further advice. Again, why did you wait so long? After much discussion between the rep and her supervisor I was told that yes I could collect on my husband's account, and she arranged an appointment.
#5 Much to my dismay, the appt was with the local office in which I had lost all faith. The rep seemed annoyed with me, and asked why did I wait so long? I have no idea why this keeps being asked. I felt like saying that's what I was told to do, I didn't make it up. She said I could apply for widow's benefits, but my new benefit amount would be around $1700 per month. Plus the approx $1039 I was getting now? No you can't take both she said, which I know. But don't I get the larger? She said no something had to be reduced by 50% at which time my mind went blank. I think she said I was only entitled to half his benefit??
I'm anxious about applying as I don't know what is correct anymore. Can you give me a general idea of to what I'm entitled and how to go about it? Should I apply elsewhere than my local office? (That's where the problems seem to be, an attorney I spoke to informed me that office is the "worst one" in the metro area.) If my application is refused, or the benefit amount doesn't make sense, do I appeal? If I get a benefit amount that seems correct, does it make sense to ask for retro benefits? I never thought something so simple could be such a mess. Your thoughts would be appreciated. Your Q&A here is enlightening. Not sure if Max my SS would help me, but I'll be sure to pass it on to others.
Sincerely,
Diane

Hi Diane. It sounds like you've been repeatedly misinformed by the Social Security representatives with whom you've spoken. Quite simply, based on the your and your husband's listed primary insurance amounts (PIA), your best filing strategy would almost certainly have been to file for your own benefits at age 62 and then file for unreduced widow's benefits at full retirement age (FRA).

It sounds like you were basically on track to do that when you applied for your own benefits, but if you later withdrew that application then that was a mistake. Social Security should not have approved your request for withdrawal unless and until you repaid the benefits you received, so if you haven't been asked to repay any benefits then maybe your withdrawal request was never processed. If you don't repay the benefits you were paid then Social Security should disallow your withdrawal request, and that would be good in your case.

You could submit a written request to cancel your withdrawal request, but that must normally be done within 60 days of the date you filed the withdrawal request (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200206017).

The problem is that if you were successful in withdrawing your claim for retirement benefits, you couldn't undo that. You could file a new application for retirement benefits, but you couldn't be paid any retroactive benefits based on the new application.

The bottom line is that if you are still being paid your retirement benefits, that's a good thing and you don't want that claim to be withdrawn. What you would next want to do is to file for unreduced widow's benefits effective with the month you reach your FRA for widow's benefits. If you were born in 1955 or 1956, your FRA for widow's benefits is the month you reach age 66. And, that would be the month that you'd want to claim widow's benefits.

What should then happen is that Social Security should continue to pay you your own reduced retirement benefits, PLUS a partial widow's benefit equal to the difference in your husband's PIA and your reduced retirement benefit amount. The result would be that you'd be paid a combined benefit amount equal to your husband's current PIA.

There's probably no way that you could file your claim for widow's benefits with an office other than the one that services your address. If Social Security offices were open to the public you could try walking into a different office, but they still might just send you back to your servicing office. The main thing is to get your claim for widow's benefits filed, which you'll likely need to do by phone. That way, you can file an appeal if Social Security messes up your claim and pays you the wrong amount.

Best, Jerry

Posted: 
Apr 22 2022 - 9:25am
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