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I'm so sorry for what you're going through - losing your husband and now facing your ex-husband's terminal illness must be incredibly difficult. The good news is that yes, you can absolutely switch to the higher survivor benefit when the time comes. Since you were married to your ex for 14 years (well over the 10-year requirement), you're eligible for divorced spouse survivor benefits. A few practical tips from what I've learned: When your ex passes, don't wait - apply immediately since they only backdate survivor benefits 6 months. Make sure to specifically request an application for survivor benefits on his record (don't assume they'll automatically compare the two). And definitely ask them to calculate both benefit amounts to confirm which is actually higher after all adjustments. One thing that might help now is to call SSA and ask them to give you an estimate of what your survivor benefit would be based on your ex-husband's current earnings record. This way you'll know exactly what to expect and can plan accordingly. You can also ask them to make a note in your file about your situation so there's a record when you need to apply later. Stay strong - you're handling a really tough situation with grace and wisdom by planning ahead.
This is really helpful advice about getting an estimate ahead of time! I hadn't thought about calling SSA now to get those numbers, but that makes so much sense. It would give me peace of mind to know exactly what to expect rather than wondering. And having them make a note in my file is brilliant - that could really help when I need to apply later. Thank you for such thoughtful and practical suggestions during what feels like an overwhelming situation. It means a lot to have this community's support and guidance.
I'm so sorry for your loss and what you're going through with your ex-husband's illness. This community has given you excellent advice - you absolutely can switch to the higher survivor benefit when the time comes. One additional resource that might help: if you're comfortable using online tools, you can create a my Social Security account at ssa.gov. This will let you view your current benefit information and potentially get estimates for different scenarios. It's especially helpful for keeping track of all your SSA interactions and having a record of your benefit history in one place. Also, when the time comes to make the switch, consider asking SSA to put the approval in writing. Sometimes there can be confusion months later about which benefit you're receiving or why it changed, and having that documentation can save you from having to re-explain your situation. You're being incredibly thoughtful and proactive during such a difficult time. This planning will really help ensure you get the maximum benefit you're entitled to. Take care of yourself.
That's a great point about the my Social Security account! I actually set one up when my husband passed away, but I haven't logged in recently. I'll check to see if there's a way to view estimates for different scenarios like you mentioned. Having everything documented online would definitely be helpful, especially since I've been dealing with so many phone calls and paperwork. The tip about getting written approval is really smart too - I can see how things could get confusing down the line if there's no clear record of why my benefit amount changed. Thank you for thinking of these practical details that I might not have considered on my own!
I'm in a somewhat similar boat and wanted to share what I've learned so far. I'm currently receiving early retirement benefits and have a pending SSDI application, though I don't have the workers' comp component that you're dealing with. From what I understand after speaking with several SSA representatives (and getting different answers each time, unfortunately), the key points seem to be: 1. If your SSDI gets approved, you'll receive the higher benefit amount - which would be your full disability benefit rather than your reduced early retirement amount. 2. The workers' comp offset only applies to SSDI, not to regular retirement benefits directly. But since you'd be receiving SSDI instead of early retirement if approved, that's where the offset would hit. 3. The good news is that even with the offset, you'll likely still come out ahead compared to your current reduced early retirement payments. One thing that's been helpful for me is keeping a detailed log of every conversation I have with SSA, including the representative's name, date, and what they told me. The consistency of information has been... let's say "variable." Have you considered reaching out to your local SSA office in person? Sometimes face-to-face conversations can be more productive than the phone calls, especially for complex situations like yours. Good luck with everything - this process is definitely not easy to navigate!
Thanks for sharing your experience! It's both reassuring and frustrating to hear that you're also getting inconsistent information from different SSA reps. Keeping a log is a really smart idea - I'm going to start doing that too. I hadn't thought about visiting the local office in person, but that's a great suggestion. Phone calls have been such a nightmare with wait times and getting disconnected. Maybe a face-to-face conversation would help me get clearer answers about how the workers' comp offset will actually affect my specific situation. It sounds like even with all the complexity and uncertainty, most people who've been through this process end up financially better off than staying on early retirement. That's encouraging to hear! I just wish the whole system was more straightforward and the representatives were better trained on these complex interactions.
I've been following this discussion and wanted to add some clarity based on my experience working with Social Security benefits. The interaction between Workers' Comp settlements and Social Security benefits can indeed be confusing, but here's what's important to understand: The Workers' Compensation offset formula uses the higher of: (1) your monthly Social Security benefit amount, or (2) 1/12th of your highest annual earnings in the 5 years before you became disabled. Your combined benefits cannot exceed 80% of this figure. However, there's an important timing consideration: if your Workers' Comp settlement is structured as a lump sum, SSA will typically "prorate" it over the period it was intended to cover. This can significantly affect how the offset is calculated and applied. Also, regarding the conversion from early retirement to SSDI - yes, you would receive your full Primary Insurance Amount (PIA) if approved for SSDI, which is typically higher than reduced early retirement benefits. The key is that this adjustment happens regardless of the Workers' Comp situation. I'd strongly recommend requesting a "benefit estimate" letter from SSA that shows exactly how your benefits would be calculated with the Workers' Comp offset. This will give you concrete numbers to work with for your financial planning. The system is complex, but understanding these key points should help you make more informed decisions about your situation.
This is incredibly helpful! The explanation about the offset formula using the higher of monthly benefits or 1/12th of highest earnings makes so much more sense now. I hadn't understood that part before. The point about lump sum settlements being "prorated" is really important - my Workers' Comp attorney mentioned something about this but didn't explain it clearly. Do you know if there's any advantage to structuring a settlement as periodic payments versus a lump sum when it comes to the SSA offset calculation? I'm definitely going to request that benefit estimate letter. Having concrete numbers would be such a relief after all this uncertainty. Thank you for breaking down the technical aspects in a way that actually makes sense!
This is excellent information! I'm the original poster and this explanation about the offset formula is exactly what I needed to understand. The part about lump sum settlements being prorated is particularly interesting - I had no idea that's how SSA handles it. I'm definitely going to request that benefit estimate letter you mentioned. Having actual numbers instead of all this uncertainty would be such a huge relief. Do you know approximately how long it typically takes to receive that kind of detailed calculation from SSA? Also, based on what you've explained about receiving my full PIA if approved for SSDI (versus my current reduced early retirement amount), it sounds like the SSDI approval would likely benefit me financially even with the Workers' Comp offset. That's really encouraging! Thank you so much for taking the time to explain these technical details so clearly. This is the most helpful information I've gotten throughout this entire confusing process.
As someone who just went through this process last year, I can confirm that SSA definitely uses your gross wages before any deductions. I learned this the hard way when I got an overpayment notice even though my Social Security taxable wages (Box 3 on W-2) were under the limit. What helped me was setting up a my Social Security account online at ssa.gov where you can report your expected annual earnings. This way they can adjust your monthly payments throughout the year instead of you having to pay back a lump sum later. Also, keep detailed records of your pay stubs - you'll need them if there are any discrepancies when they do their annual reconciliation. The good news is that once you hit your full retirement age, none of this matters anymore and you can earn as much as you want without any benefit reductions!
This is really valuable advice, especially about setting up the online account to report expected earnings! I didn't know you could do that proactively. I'm definitely going to create an account today and report my projected income for the year. Thanks for sharing your experience - it's reassuring to hear from someone who actually went through this process successfully.
I work as a benefits counselor and can confirm what others have said - SSA absolutely uses your gross wages before ANY deductions for the earnings test. This includes health insurance, 401k contributions, HSA contributions, etc. The $8,750 difference you mentioned is actually pretty typical when someone has good benefits! A few practical tips: First, definitely report your expected earnings to SSA proactively using your my Social Security account online. Second, if you're close to the limit, consider asking your employer about unpaid time off in December to stay under - even a week or two can make a difference. Third, remember that the earnings test only applies to WAGES from employment, not other income like pensions, rental income, or investment gains. One silver lining - any months where your benefits are reduced due to the earnings test will result in a permanent increase to your monthly benefit amount once you reach full retirement age. It's not lost money, just deferred!
Chloe Taylor
I'm new to this community but have been researching SSDI work options for my own situation. Reading through all these responses has been incredibly helpful! One thing I wanted to add that I learned from a disability attorney consultation - there's also something called "Expedited Reinstatement" (EXR) that can be a safety net if you try working and it doesn't work out. Basically, if your benefits end due to work and then you become unable to work again within 5 years, you can request to have your benefits reinstated without going through the full application process again. You get up to 6 months of provisional benefits while they review your request, which can provide some financial security during the transition back if needed. It's not automatic - you still have to prove your condition prevents substantial work - but it's much faster than starting over completely. @Zainab Ahmed - Given your situation with 22 years of earnings history, it really does sound like adding those work years would help your retirement calculation. But definitely get those projections from SSA first so you can make the decision with actual numbers rather than estimates. The peace of mind from having concrete data is worth the effort of getting through to them (maybe try that Claimyr service someone mentioned!).
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Royal_GM_Mark
•Welcome to the community @Chloe Taylor! Thanks for adding that information about Expedited Reinstatement - that's another safety net I wasn't aware of. It's amazing how many protective provisions exist that aren't well-publicized. The 5-year window and provisional benefits during review sound like they could really reduce the risk of trying to return to work. I'm definitely going to get those SSA projections before making any final decisions. Between the disability freeze provision, the fact that I'd be replacing zero-earning years, and all these work incentives and safety nets, I'm feeling much more confident about exploring this opportunity. This thread has been incredibly informative - thank you to everyone who shared their experiences and knowledge!
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Angelica Smith
I wanted to share some additional resources that might help with your decision-making process. The Social Security Administration has a publication called "Working While Disabled — How We Can Help" (Publication No. 05-10095) that explains all the work incentives in detail. You can find it on their website or request a copy. Also, many states have Benefits Planning, Assistance and Outreach (BPAO) programs that work alongside WIPA counselors to provide comprehensive benefits planning. These services are free and specifically designed to help people in your exact situation model different scenarios and understand the financial impact of returning to work. One practical tip: if you do decide to pursue this opportunity, consider asking your brother-in-law if there's flexibility in the start date. This would give you time to get those SSA benefit projections, connect with a WIPA counselor, and maybe even do a trial work period to test things out before fully committing. The fact that this is a family business might also work in your favor - they're more likely to be understanding if you need accommodations or a gradual ramp-up period, and they'd probably be willing to work with you on reporting requirements to SSA. Your situation with 22 years of earnings really does put you in a good position where additional work years are likely to help rather than hurt your eventual retirement benefit. But getting those official projections will give you the confidence to move forward (or not) based on real numbers.
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Ella Russell
•This is such comprehensive advice, thank you @Angelica Smith! I'm going to look up that SSA publication right away - having all the work incentives explained in one official document sounds really valuable. The suggestion about asking for flexibility on the start date is brilliant too. Since it's family, I think my brother-in-law would definitely be understanding about needing some time to get all my ducks in a row before making this transition. I'm feeling much more optimistic about this opportunity after reading everyone's responses in this thread. It sounds like with proper planning and the right resources, returning to work doesn't have to be the financial disaster I was worried about. The key seems to be doing the homework upfront and having good support through the transition process. I'm going to start by requesting those SSA benefit projections, then look for a local WIPA counselor to help me navigate everything properly. Thanks to everyone who shared their knowledge and experiences - this community has been incredibly helpful!
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