I’m a widow. At age 60 I started collecting widow benefits. I turned 65 this past December. I called and switched over to my own because it was more. The very next day I called back because I realized if I would wait until 66 and 2 months, I would get 220.00 more a month. So they told me I could do a withdraw by filling out a 521. I did just that. Now I just got bill in mail 3 months later to pay back all monies I got for last 3 months. I understand that. But what I can’t get a straight answer from social security is this...........When I try to go back and claim widows benefit again will I be reimbursed for the three months I have missed during this time and of course continue on widows benefit until I’m 66 and 2 months old? Or will they deny me of widows benefit because my social security is higher than widows benefit? My phone calls to social security have been a nightmare. Different answer every time!
Hi. That's a bit of a thorny problem. If your own Social Security retirement benefit rate is higher than your unreduced widow's rate, then Social Security would have terminated your widow's benefits effective with the month of your Social Security retirement benefit entitlement. In that case you could need to reapply for widow's benefits in order to resume eligibility for those benefits. And, since no retroactivity is allowed when you apply for benefits prior to full retirement age (FRA), that would mean that your widow's benefits couldn't be resumed until with the effective filing month of your new application for widow's benefits.
In other words, it sounds like there could be a gap between when your widow's benefits terminated and when they could be resumed. It's possible, though, that a protective filing date may have been established that would prevent a gap in your widow's benefits, but if there is a gap in your widow's benefit entitlement then I believe you could ask Social Security to reopen their prior determination to terminate your widow's benefits based on new and material information. Specifically, the new and material information in your case would be that the withdrawal of your retirement benefits causes you to remain eligible for widow's benefits. Requests for reopening of a determination must be submitted in writing (https://secure.ssa.gov/apps10/poms.nsf/lnx/0204001050).
On the other hand, if your own benefit rate is lower than your unreduced widow's rate then Social Security should have just suspended your widow's benefits rather than terminating them. In that case, your widow's benefits should be automatically reinstated retroactively without your needing to file a new application. The bottom line is that I can't give you a definite answer without access to your full Social Security records. Social Security employees are the only people with access to your full records, so you'll need to keep working with them to resolve this issue.
By the way, you may want to strongly consider waiting until age 70 to switch from widow's benefits to your own retirement benefits. Your retirement benefit rate would grow at a rate of 8% per year between your full retirement age (FRA) and age 70 as long as you delay switching to your own benefits. Our software (https://maximizemysocialsecurity.com/purchase) could help you analyze your options so that you can determine your best strategy for maximizing your benefits.
Best, Jerry
