One additional point worth mentioning: While your ex-spouse's claim won't affect your son's benefits, if you have any other current family members receiving benefits on your record (like a current spouse or other children), all of you would be subject to the family maximum limit. In that case, benefits might be adjusted proportionally among current beneficiaries to stay within the maximum - but again, this would never include your ex-spouse's benefits, which are calculated separately.

As someone who works with Social Security disability cases, I can confirm what others have said - your ex-spouse's divorced spouse benefits are completely separate from the family maximum that applies to your son's SSDI. The policy is clear on this: divorced spouse benefits don't reduce benefits for current family members. However, I'd definitely recommend calling SSA to document your concern in your file, especially given some of the processing errors others have mentioned. You can also check your my Social Security account online to monitor any changes to benefit amounts. If you do notice any unexpected changes after your ex files, contact them immediately with your documentation. Your son's benefits should remain stable as long as he continues to meet the disability requirements!

does anyone know how long it takes for them to add the new money? my mom said she had to wait like 6 months or something

This is such great information from everyone! I'm in a similar situation but started benefits at 62. Been working part-time for about 2 years now and always wondered about this. It's reassuring to know the recalculations happen automatically, even if the increases are modest. One question though - has anyone noticed if their Medicare premiums also get adjusted when their SS benefits increase? I'm worried that any small increase might just get eaten up by higher Medicare costs.

Based on all the advice you've received, here's a summary of your best path forward: 1. Wait until January 2026 to apply for survivor benefits (you'll be 60.5 by then) 2. Let your own retirement benefit grow until age 70 3. Switch to your own higher benefit at age 70 Also, don't forget that you may be eligible for a one-time death benefit of $255, and if you have any children under 18 or disabled adult children, they might qualify for benefits too. When you do apply, bring your marriage certificate, husband's death certificate, both your Social Security cards, and your birth certificate. You'll save time if you have all documents ready.

I'm so sorry for your loss. What a difficult situation to navigate during such a hard time. You've gotten excellent advice here - the SSA representative definitely gave you incorrect information about the earnings test. The annual earnings limit applies to your entire calendar year earnings, not just the months you're actively working. Since you've already exceeded the 2025 limit, waiting until January 2026 is absolutely the right call. I wanted to add one more consideration: when you do apply in January 2026, make sure to ask about the "file and suspend" option timeline. Since your own benefit at 70 will be significantly higher ($3,700 vs $1,850), you're making the smart choice to take the smaller survivor benefit first. Just be aware that you'll need to actively switch to your own retirement benefit when you turn 70 - Social Security won't automatically give you the higher amount. Also, consider meeting with a Social Security representative in person at your local office when you apply. Given the misinformation you received over the phone, an in-person appointment might help ensure you get accurate guidance and proper documentation of your filing strategy.

i thought WEP only applies if you retire from that non SS job? my friend said if you leave the teacher job and work somewhere else with SS for 5 years you dont get the WEP penalty?? is that true?

One more thing to keep in mind - if your pension payment amount ever changes (like with cost of living adjustments), you should contact Social Security to update your WEP information. Otherwise, you could end up with an overpayment that they'll want back later. I learned this the hard way when my pension got a 3% increase and I didn't report it. SSA discovered it during their annual verification and I had to pay back $420 in SS benefits!