75 year-old has question on using ex-husbands SS retroactively - TIA

[for_my_mama]

What is the name of your state (only U.S. law)? Tennessee

Hi everyone - thanks in advance for the help! Looked but did not see anything specifically on this.

Here's the dealio...my mom thinks she was able to get greater benefits using her ex-husbands SSI. They were married for 25 years, she never remarried and they divorced in the late 1980's. He remarried.

She was primarily a homemaker, so the income post divorce was much, much lower than her ex-husbands causing some hardships. Looking at the numbers - if she were to switch to her ex-husbands, she could get a modest bump up in her benefits - every bit helps. She started receiving her benefits at 65 and is still working (bless her heart). Her children (me included) are helping her as well, but that causes some strain.

The questions are:
1) Can she switch now to the higher paying benefits of her ex-husbands?

2) If she can, is there any possibility of getting retroactive benefits on the larger amount? We should have kept on this better, but is there anyway of retroactively resolving the mistake? Should the SS admin have informed of greater benefits available?

We will be going to SS offices soon, but I wanted a handle on this in case there were certain tips on the retroactive possibilities before we get dug in with an answer from SS admins.

Big thanks!

 

[Onderzoek]

What is the name of your state (only U.S. law)? Tennessee

Hi everyone - thanks in advance for the help! Looked but did not see anything specifically on this.

Here's the dealio...my mom thinks she was able to get greater benefits using her ex-husbands SSI. They were married for 25 years, she never remarried and they divorced in the late 1980's. He remarried.

She was primarily a homemaker, so the income post divorce was much, much lower than her ex-husbands causing some hardships. Looking at the numbers - if she were to switch to her ex-husbands, she could get a modest bump up in her benefits - every bit helps. She started receiving her benefits at 65 and is still working (bless her heart). Her children (me included) are helping her as well, but that causes some strain.

The questions are:
1) Can she switch now to the higher paying benefits of her ex-husbands?

2) If she can, is there any possibility of getting retroactive benefits on the larger amount? We should have kept on this better, but is there anyway of retroactively resolving the mistake? Should the SS admin have informed of greater benefits available?

We will be going to SS offices soon, but I wanted a handle on this in case there were certain tips on the retroactive possibilities before we get dug in with an answer from SS admins.

Big thanks!

If she is due more on his record (up to 1/2 of his benefit) then she gets her own benefit plus the difference on hers. She doesn't switch. She becomes dually enititled. If he dies before she does, her surviving divorced spouse benefits are increased to up to 100% of his benefit (reduced by her own).

Retroactivity is either zero or six months from date of application. Not sure. The reason she didn't get around to it is immaterial She didn't file.

When she did file her application for retirement at age 62 or 65, SSA would have asked about all of her marriages and would have documented her answers. And should have looked at the amount of potential benefits at that time. Perhaps she is already dually entitled, but her own benefit exceeds 1/2 of his. Or her benefit exceeds 1/2 of his so there is nothing to pay her.

BTW, this is not SSI, which is Supplemental Security Income, a welfare program for the elderly and disabled. So maybe she should also file an SSI claim. All income, including what she gets from family, factors into SSI benefits.

 

[for_my_mama]

Wow - thanks Onderzoek!

OK - think I got it...she is in a dual state...she can get 'hers + 1/2 his ( minus hers)' which should just = 1/2 his.

And retro part is not possible because it's (caveat emptor) SSA doesn't really need to suggest best path and that window is gone?

Too bad...we should have been on this much more. Duh(m)ass - but we are getting it in shape.

Tack Tack!

 

[Onderzoek]

Yes on the first, not quite on the second.

If at the time she filed her own retirement claim she could have been entitled on his record (because he had either already filed or could have been entitled), SSA is supposed to pay the highest benefit available. If she mentioned him and provided enough information for SSA to find his Social Security number, the job of the claims rep is to look at the spouse's record and make a decision.

But if it wasn't done, there could be additional retroactivity. Or she may have gotten a 'closeout' letter that resolved the issue, as far as SSA is concerned. All depends upon what was done when she filed her own claim.

I also think we'll see more of this since we are now in the Internet claims era, do it yourself retirement claims with zero advice from a human who knows anything.