Hi Larry,

I have read many of your articles and I am a firm believer of your social security advice. My friend, Dale, is 64 years old. He is not working and his wife passed away many years ago. I advised Dale that he could should apply NOW for reduced survivor benefits on her work record--even though it wouldn't be very much--then switch to his own retirement benefit at age 70 to receive maximum DRC's.

Dale then got an appointment at the SSA office and they told him he could NOT do this because the law has changed--he could only collect the higher of the two benefits.

My questions: Do you agree with my advice for Dale? What to do about SSA incorrect advice?

Hi. Yes, assuming that your friend is unmarried, it sounds like your advice is probably spot on. There has been no change in the Social Security law that prevents a person from collecting a lower survivor benefit while waiting until a later age to claim their own retirement benefits.

The Social Security employee with whom Dale spoke is apparently poorly trained, and must be confused by the new deeming rule that applies when a person files for spousal benefits on the record of a living spouse or ex-spouse (https://www.ssa.gov/benefits/retirement/planner/claiming.html). When a person who's born after January 1 1954 applies for spousal or divorced spousal benefits on the record of a living spouse or ex-spouse, they are deemed to be filing for their own benefits at the same time. And, in those cases the person claiming benefits can only be paid essentially the higher of the 2 benefit rates. But, that rule doesn't apply to applications filed on the account of a deceased spouse or ex-spouse.

Social Security employees can't refuse to allow someone to apply for benefits regardless of whether or not the employee believes that the person doesn't qualify. Therefore, your friend Dale can insist on filing a claim for widower benefits. If Social Security incorrectly handles his case he would then have appeal rights. Delaying filing an application could result in a loss of benefits, so your friend should probably act quickly. Before applying, though, your friend may want to consider using our software (https://maximizemysocialsecurity.com/purchase) to be absolutely certain that he's choosing the best possible filing strategy.

Best, Jerry