Im sorry but i think you need to just apply now!!! My neighbor was in similar situation and SSA told her she needed to apply within 6 months of death or she would loose some backpay. I dont know if thats still true but better safe than sorry!! Even though you cant get payments until 60 you should apply now to protect your filing date!!

I'm so sorry for your loss, Kendrick. Losing an ex-spouse, especially at such a young age, can be emotionally complicated even years after divorce. Based on what others have shared, it sounds like contacting the Federal Benefits Unit in London (which serves Portugal) might be your best bet rather than trying to call the main SSA line. Email might work better for you given the time zone differences. One thing I wanted to add that I haven't seen mentioned - since you only have 5 years of US work credits, you definitely want to look into the US-Portugal totalization agreement that someone briefly mentioned. This could potentially help you qualify for some benefits on your own record by combining your US and Portuguese work history. It might not be much, but every bit helps, especially if you're planning to stay in Portugal long-term. Also, even though you can't claim survivor benefits until 60, it might be worth starting to organize your paperwork now. Get certified copies of your marriage certificate, divorce decree, and his death certificate while they're still relatively easy to obtain. Having everything ready will make the process smoother when the time comes. The Federal Benefits Unit should be able to give you a better idea of what documentation you'll need and how the process works for US expats in Portugal.

My mother-in-law went through this whole mess last year and finally just gave up trying to understand it. She's a retired Texas teacher and just accepted the lower amount rather than fighting the system. These formulas are designed to be so complicated that normal people just give up. Meanwhile Congress keeps "promising" to fix it but never does. Been going on for decades.

I'm also a retired educator dealing with WEP - taught high school math in Virginia for 32 years before retiring in 2022. What helped me was creating a detailed timeline of ALL my work history, including exact dates and earnings from every job where I paid into Social Security. I found old W-2s, tax returns, and even contacted previous employers for records. When I finally got through to SSA with this documentation, they were able to verify I actually had 25 years of "substantial earnings" which reduced my WEP penalty significantly. The key is being persistent and organized. Also, don't rely on just phone calls - the online "my Social Security" account shows your complete earnings record which you can review for accuracy. If you find errors in your earnings history, you can request corrections with proper documentation. It's frustrating but worth the effort to ensure you're getting every dollar you've earned!

I'm so sorry for your loss and the additional stress of dealing with the SSA bureaucracy during such a difficult time. As someone who has navigated similar issues with government benefits, I wanted to add a few practical tips for your upcoming appointment: First, consider recording the call (if legal in your state) or at least take detailed notes with timestamps. This can be crucial if you need to reference what was discussed later. Second, if the representative seems unfamiliar with the Fairness Act changes, you can reference Publication No. 05-10045 (the updated WEP/GPO fact sheet) and ask them to consult their Program Operations Manual System (POMS) for the most current guidance. Third, regarding the child-in-care benefits - these are paid at 75% of your husband's PIA and are NOT subject to GPO at all. So even before the Fairness Act, you should have been eligible for these benefits while caring for your 13-year-old. The fact that they denied this previously suggests the representative was misinformed. Finally, if you encounter resistance or confusion during your call, don't hesitate to end the call politely and try again with a different representative. Sometimes it takes a few tries to get someone who fully understands the current rules. You've got this! The Fairness Act was designed to help people in exactly your situation.

As a newcomer to this community, I want to thank everyone for sharing such detailed and helpful information about the WEP/GPO Fairness Act. I'm actually in a somewhat similar situation - my spouse passed away last year and I have a state teacher's pension, though I don't have minor children involved. Reading through this thread has been incredibly educational. I had no idea about the 3-year phase-in period for GPO relief, and like many others, I've been getting conflicting information from SSA representatives. The suggestion about asking for a Technical Expert or supervisor is brilliant - I wish I had known that during my initial calls. @Haley Stokes - I really hope your appointment goes well! Your situation with the incorrectly processed application sounds so frustrating. The advice about documenting everything and getting written confirmation seems crucial given how much confusion there seems to be about implementing these new rules. One question for the group: Has anyone successfully received retroactive benefits dating back further than 6 months by proving they had attempted to apply earlier? I'm wondering if there's any precedent for this, especially in cases where the initial application was mishandled due to representative error.

I work as a benefits counselor and see this confusion all the time. Since you were born in 1957/1958 (age 67 in 2025), you're subject to deemed filing rules - you can't do the restricted application strategy that was eliminated for people born after January 1, 1954. However, there might be one small silver lining to explore: if you have a significant reduction in earnings this year or next (maybe reducing work hours), it could be worth running the numbers on whether filing earlier makes sense. But given your $98K salary and family longevity, waiting until 70 is almost certainly your best bet. One thing to double-check: make sure your ex-husband's benefit amount is accurate. Sometimes people misunderstand what their actual benefit is versus what they're currently receiving (which might be reduced if they filed early). Your ex-spouse benefit would be 50% of his full retirement age benefit, not necessarily 50% of what he's currently collecting.

Just wanted to add another perspective as someone who recently navigated this same decision. I'm 68 and was born in 1956, so I also missed the restricted application cutoff by a couple years - super frustrating! One thing that helped me was using the Social Security break-even calculators to see the actual dollar amounts. In my case, I realized that even though waiting until 70 would give me the highest monthly payment, I'd need to live past 83 to come out ahead compared to filing at my FRA. Since I'm in great health like you, I decided to wait. But here's something to consider: if you're still working and contributing to Social Security, those continued contributions could actually boost your benefit calculation. I found out my last few high-earning years replaced some lower-earning years from the 1980s in my calculation, which increased my projected benefit at 70 even more than just the delayed retirement credits alone. Definitely get your most recent Social Security statement online to see your exact projected amounts before making the final decision!

ALSO!!! don't forget bout TAXES!! up to 85% of ur SS benefits can be taxable depending on ur other income. we didnt realize this and ended up owing a bunch at tax time that first year 😠

As someone who just went through this decision process last year, I'd recommend using the Social Security benefits calculator on their website (ssa.gov/benefits/retirement/estimator.html) to run the numbers for your specific situation. You can see exactly what your benefits would be at different ages. Also consider your health and family longevity - if you're in good health and have parents/grandparents who lived into their 90s, waiting might make more financial sense in the long run. But if you need the income now or have health concerns, taking it early could be the right choice. One thing that helped me was calculating the "break-even" point - basically how old I'd need to be for the total benefits received by waiting to exceed what I'd get by taking it early. In my case it was around age 78-79. Since I'm healthy and my mom is 92, I decided to wait.