US SSDI Survivor Benefits

[ITGeek]

I'm currently receiving US SSDI and my foreign spouse is the payee for our son's benefit.  I asked the person at the USEM SSA Office about if something happens to me, does my spouse receive my "SSDI survivor" benefits.  I think the person misunderstood me, she mentioned that my foreign spouse has to live in the US for at least 5 years to qualify for Social Security benefits.  However, reading the SSA portal, it states that generally a surviving foreign spouse still receives the USC SSDI benefits (has to be at least 60 yo to receive SS benefits).

Does anyone know the answer?  Thanks!

[Dave Hounddriver]

53 minutes ago, ITGeek said:

I'm currently receiving US SSDI and my foreign spouse is the payee for our son's benefit.

I can tell you what happened 9 years ago in the case of my deceased American friend.  He got married to a Filipina in the Philippines and they had 2 kids.  There were married and living here 5 years when he passed.  She had never been to the US and on his passing, she continued to get money for the 2 kids up until the time they were 18. She got no widow's pension of any kind.  She had the option to move to the USA within 2 years of his death as a widow's benefit.  She was only mid-twenties when he passed.  He was 71

EDIT:  I can tell you another American friend passed away last year in the same situation with the same results.  In both cases the Filipina spouse was much younger so I do not know what happens if the spouse is already retirement age herself.

Edited August 28, 2018 by Dave Hounddriver

[OnMyWay]

2 hours ago, ITGeek said:

I'm currently receiving US SSDI and my foreign spouse is the payee for our son's benefit.  I asked the person at the USEM SSA Office about if something happens to me, does my spouse receive my "SSDI survivor" benefits.  I think the person misunderstood me, she mentioned that my foreign spouse has to live in the US for at least 5 years to qualify for Social Security benefits.  However, reading the SSA portal, it states that generally a surviving foreign spouse still receives the USC SSDI benefits (has to be at least 60 yo to receive SS benefits).

Does anyone know the answer?  Thanks!

Can you give us the link to the section where you saw this?

Everything I have read or heard indicates the wife must have a 5 year residency to qualify for a spousal benefit.  However, disability might be different????

[Old55]

As I understand the law Dave is correct.

Your Philippine citizen wife will continue to receive benefits for your American son until age 18.

She is not eligible for any other benefits. 

[ITGeek]

9 hours ago, OnMyWay said:

Can you give us the link to the section where you saw this?

Everything I have read or heard indicates the wife must have a 5 year residency to qualify for a spousal benefit.  However, disability might be different????

This is a link to the SSA benefits pamphlet I received upon award of my SSDI.
https://www.ssa.gov/pubs/EN-05-10029.pdf

My wife be the payee for our 2 yo son's benefit which will be $1,150/mo until he at least 18 yo.  I believe it can be extended to 23 yo if he is attending school full time.  I currently receive $2,350/mo at age 54 (early onset dementia).  So between my benefit and son's, we will receive the Maximum Family Benefit amount.  That's why I'm unable to add either my spouse or step-daughter to my SSDI benefit.

I don't understand why there is a 5 yr US residency requirement for a foreign spouse.  That's is just extra costs for immigration (if approved) plus it's more expensive living in the US.  Have to love government bureaucracies, no matter what country they're all the same.

The only options that I have are to save as much money as possible (easier to do here).  We are moving into her family's home, making some renovations, so no rent or mortgage payments.  My father has a trust account setup for me and my siblings when he passes, but then I run into estate taxes.  So as the saying goes, the only things guaranteed in life are death and taxes.
 

Edited August 28, 2018 by ITGeek

[ITGeek]

At least I learned some good news.  With the exception of taxes, student loans or child support payments, my SSDI benefits are protected from garnishment by any creditors.  While I awaited the decision on my SSDI case (takes 3-5 mo's), I had to take a cash advance against my WF credit card to support my family.  I explained to them my situation asked for a waiver on payments for 6 mo's, but they declined and were threatening legal action against me.  That's when I sent their legal department a form letter from the US SSA that shows my only income is from SSA (SSDI benefits).  It's upsetting when you try to make good on debts, but creditors don't care about your situation.  WF Bank is the least ethical bank (after all their fraud) so I don't feel much guilt.

It reminds me of when the US Real Estate Market collapsed and I was upside down in my mortgage/property value.  I was current on payments, but they rejected my attempts at refinancing.  That was until I spoke to someone at "Save my home California", who 'unofficially' stated to miss a payment or two and I'd qualify for their program.  Best advice and decision I ever received.  A couple years later, the market recovered and I was able to cash out with equity.

[marine6357]

1 hour ago, ITGeek said:

This is a link to the SSA benefits pamphlet I received upon award of my SSDI.
https://www.ssa.gov/pubs/EN-05-10029.pdf

My wife be the payee for our 2 yo son's benefit which will be $1,150/mo until he at least 18 yo.  I believe it can be extended to 23 yo if he is attending school full time.  I currently receive $2,350/mo at age 54 (early onset dementia).  So between my benefit and son's, we will receive the Maximum Family Benefit amount.  That's why I'm unable to add either my spouse or step-daughter to my SSDI benefit.

I don't understand why there is a 5 yr US residency requirement for a foreign spouse.  That's is just extra costs for immigration (if approved) plus it's more expensive living in the US.  Have to love government bureaucracies, no matter what country they're all the same.

The only options that I have are to save as much money as possible (easier to do here).  We are moving into her family's home, making some renovations, so no rent or mortgage payments.  My father has a trust account setup for me and my siblings when he passes, but then I run into estate taxes.  So as the saying goes, the only things guaranteed in life are death and taxes.
 

Through some research of my own I have learned from talking to SSA that you should have both children on as dependents. They would split the total amount for their benefits each month(ie: $1150 divided by 2 would amount to $575 per child) upon your death they would then receive 75% of your benefit as survivors benefit ($1762) again divided in half for each. The advantage of having both collect will be upon 1 child reaching 18(19 if still in High school) the other child would then be bumped up to getting the full 75% of your benefits until 18 or graduates from high school 19 maximum age. So the advantages are to have both collect now because of these rules.

The reason I am informed about all this was just went through this about 1 year ago my late wife died from pancreatic cancer early last year and we both were collecting SSDI my daughter who was 17 at the time was collecting on my benefits until her death because my payment was greater then my late wife's. When I contact SSA they told me to switch it to my wife's survivor benefit because the payment of 75% of my late wife's benefit was greater then 50% of my benefit. It increased my daughters payment by almost $100 a month. My daughter turned 18 in March of 2018 but continued to receive payments until July 2018 the month after graduating from High School.

And other questions please ask I will try to help as much as possible.

[roddavis]

2 hours ago, marine6357 said:

My daughter turned 18 in March of 2018 but continued to receive payments until July 2018 the month after graduating from High School.

And other questions please ask I will try to help as much as possible.

My question is BTW, how did you report that your daughter was still in school at 18 to the SSA. I haven't found any info age/school for child collecting benefits or how to report it.

[marine6357]

2 hours ago, roddavis said:

My question is BTW, how did you report that your daughter was still in school at 18 to the SSA. I haven't found any info age/school for child collecting benefits or how to report it.

Here is the link to the SSA website and the form we used

https://www.ssa.gov/forms/ssa-1372.pdf

 

Hope this helps.

 

Edited August 28, 2018 by marine6357

[ITGeek]

7 hours ago, marine6357 said:

Through some research of my own I have learned from talking to SSA that you should have both children on as dependents. They would split the total amount for their benefits each month(ie: $1150 divided by 2 would amount to $575 per child) upon your death they would then receive 75% of your benefit as survivors benefit ($1762) again divided in half for each. The advantage of having both collect will be upon 1 child reaching 18(19 if still in High school) the other child would then be bumped up to getting the full 75% of your benefits until 18 or graduates from high school 19 maximum age. So the advantages are to have both collect now because of these rules.

The reason I am informed about all this was just went through this about 1 year ago my late wife died from pancreatic cancer early last year and we both were collecting SSDI my daughter who was 17 at the time was collecting on my benefits until her death because my payment was greater then my late wife's. When I contact SSA they told me to switch it to my wife's survivor benefit because the payment of 75% of my late wife's benefit was greater then 50% of my benefit. It increased my daughters payment by almost $100 a month. My daughter turned 18 in March of 2018 but continued to receive payments until July 2018 the month after graduating from High School.

And other questions please ask I will try to help as much as possible.

So sorry to hear about your wife.  The SSA Official at the USEM said we first need to get my 7 yo step-daughter a SSN.  There was some confusion as to whether I need to adopt her first.  Fortunately, there isn't a father listed on her NSO BC, so hopefully it should be a simple process.  I understand it's a much faster process for my wife/step-daughter to file for their Green Cards at the USEM since we've lived here over 2 years.  However, when it comes to bureaucracies, nothing is ever simple or easy.