Dear Larry,

I have your book “Get What’s Yours”and have read it multiple times, underlined it, made notations in the back, and tabbed the pages with sticky notes. And currently I’m reading sections of it again. I also purchased and used the Maximize My Social Security software and I have also purchased the Maxifi Planner.

Here are the details of my situation. My husband’s FRA was in April 2017. At age 66 his benefit was $1,860 and at age 70 it would be $2,323. My FRA was in May 2018. At age 66 my benefit is $1,469 and at age 70 it would be $2,082. After spending lots of time using Maximize My Social Security to come up with the best strategy, in November 2018, I filed for my social security benefit (and received the 6 months retroactive payment) and my husband filed a spousal benefit (and also received a 6 month retroactive payment) and we were letting his benefit grow to age 70. We had just gotten all of this settled and payments had just started coming regularly, when he died unexpectedly at age 67 at the beginning of 2019. I am still working full-time and plan to work as many more years as I can manage.

(1) What is that the best strategy for me at this point?
(2) Can I still let my husband’s retirement benefit grow to age 70 before I file for a widow benefit (which I know would only be the difference between my own social security benefit that I currently receive and what his benefit would be)?
(3) Someone told me that because my husband had started taking a spousal benefit, that if I want to let the widow benefit grow to age 70, then I will have to pay back all of his spousal benefit that was received prior to his death. ---- Is this true?
(4) Rather than wait for his retirement benefit to grow to age 70, would it be better for me to file for a widow benefit now based on the DRC that it has already accrued?
(5) There seems to be a lot of confusing and conflicting information. What is the best plan now?

I look forward to your response,
Louise

Hi Louise,

I'm sorry for your loss.

I'll preface by explaining that I answer questions submitted to this forum but I don't have access to our software customers' information or results. Therefore, I can't give you a definitive answer to what would be your best strategy moving forward. You may want to try using our software to compare your options. Software customers can submit questions using an online contact form available in the help menu. Their questions can then answered by one of our experts with access to their data.

Your widow's rate on your husband's record will not grow any higher if you delay filing. Your widow's rate will be calculated at the rate that your husband would have received on his own Social Security record if he had started drawing effective with his month of death. You would then be paid the higher of that rate or your own benefit rate.

You don't need to repay any of the spousal benefits that your husband was paid for months prior to his month of death, nor would that allow your widow's rate to grow higher. In theory, if you act fast you might still have the option of withdrawing your application for retirement benefits, but then you'd have to repay all of the benefits that both you and your husband have received thus far. Doing so would afford you the option of filing first for widow's benefits and then switching to your own record at age 70. However, based on the benefit rates stated in your question and unless your future earnings raise your own retirement benefit rate substantially, it's probably doubtful that would be a good option in your case. Still, though, you might want to run the numbers using our software so that you can decide for yourself. But, Social Security would only allow you to withdraw your application if you do so within 12 months of your month of entitlement to benefits, so it may already be too late for you to pursue that option even if you wanted to do so (https://www.ssa.gov/planners/retire/withdrawal.html).

It may be best to simply apply for your widow's benefits now without withdrawing your claim for retirement benefits. That would allow you to receive your maximum survivor rate and keep the benefits that you and your husband have already received. You would want to claim your widow's benefits retroactive to your husband's month of death, since your benefit rate won't be any higher if you choose a later month. What will then happen is that you'll continue to receive your own retirement benefits, and Social Security will pay you a widow's benefit equal to the difference between your benefit rate and the retirement benefit rate that your husband would have qualified for effective with his month of death. The net result is that you'll receive a combined rate equal to your husband's higher retirement benefit rate, inclusive of the delayed retirement credits (DRC) he accrued through the month prior to his death.

Best, Jerry