Good afternoon. I have your older edition of "Get what is yours". Great book. I have recently filed a restricted application against my ex-spouse's account. The app was approved and during that process, I was told that I could file a retroactive claim to 12/1/2020. When I spoke with SSA this past Monday, (they actually called me!) I think what I was told is that the claim could only go back to when she filed for benefits in July.
Is that correct? I cannot find a clear statement as to what impact on my application her filing status is. I did accept the offer and received the retroactive benefit today!! She was born on 5/25/1955 so I would assume her full retirement age is 66 years and two months. Does that have bearing on my app?
If they are wrong about the retro period, can I challenge the decision? The difference is about $8,000.
Thank you for your time.
Best, John

Hi John. I'm assuming you were born prior to January 2 1954, since only people born prior to then can file restricted applications for spousal benefits only. Your wife's full retirement age isn't important since she only needs to be at least age 62 for you to potentially qualify for divorced spousal benefits. But, the only way that you could claim divorced spousal benefits for months prior to the first month that your ex-wife claimed her benefits is if your divorce was final for at least 2 years. So, it sounds like you could be paid for up to 6 months retroactively from your month of filing as long as your divorce had been final for at least 2 years during all of that time.

If it sounds like you're eligible for more back pay and if Social Security hasn't yet processed your claim then you should call them back and direct their attention to section RS 00202.100 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202100) of their operations manual. But, if Social Security has already processed your claim with an incorrect month of entitlement then you'll need to file an appeal. The first step of appeal is called reconsideration, and the form that you need to complete and submit is an SSA-561 (https://www.ssa.gov/forms/ssa-561.pdf),

Best, Jerry