Hi Larry, My husband passed away recently at 74 and since we were 10 years apart and he was the major earner we always planned on me able to wait until my FRA in order to collect his full (he waited until he was 70 to file) benefit. When I turned 62, I filed to collect my benefit. When I informed SS that I was thinking about waiting until my FRA (i was born in 1957) instead of taking reduced widow's benefit, they told me because I collected a spousal benefit when I started taking my SS (which they automatically gave to me!) I am not eligible to wait until FRA and must take my reduced widow's benefits. Is this true? Seems a bit unfair, since when I filed for my SS, they automatically increased my benefit... Thanks very much for any help with this, Lisa

Hi Lisa. I'm sorry for your loss. No, that isn't right. If a person is under full retirement age (FRA) and receiving their own Social Security retirement benefits when their spouse dies, they can choose to continue drawing just their own retirement benefit and wait until FRA to start collecting unreduced widow's benefits. It doesn't matter whether or not they were also drawing an excess spousal benefit.

If you had been drawing only spousal benefits and if you weren't eligible for your own benefits, then you would be forced to accept the automatic conversion to reduced widow's benefits. However, since you were apparently collecting both retirement and spousal benefits, Social Security should have given you the option of delaying your widow's benefits until FRA. Your excess spousal benefits would stop effective with the month of your husband's death, though.

Social Security should not have converted your spousal benefits to widow's benefits prior to FRA unless you signed a Certificate of Election form SSA-4111 (https://www.ssa.gov/forms/ssa-4111.pdf). If they did so, then you should be able to get that action reversed by contacting them to protest. You could file an appeal request instead, although it shouldn't be necessary if you point out section RS 00207.005c (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300207005) of their operations manual to the people at Social Security. As the third bullet of that section explains, a Certificate of Election (SSA-4111) is required to receive reduced widow's benefits. If the widow does not elect reduced benefits, his or her spousal benefits should be suspended and then unreduced widow's benefits should be awarded at the widow(er)'s FRA.

Best, Jerry