Social Security Administration

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The whole system is BROKEN!! My husband is also a disabled vet and we've been fighting with SS for THREE YEARS trying to get his benefits straightened out. They lost his paperwork TWICE and every time we call we get someone different who gives contradictory information. I'm so tired of this bureaucratic nightmare!!!

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One more important point regarding your situation: When you reach out to SSA, specifically ask about the "Disability Freeze" (also called an "Earnings Record Freeze"). This is different from converting from retirement to disability benefits. The disability freeze protects your earnings record by excluding periods of low earnings due to disability from your benefit calculation. Since your benefit amount is based on your lifetime earnings, this could potentially increase your monthly payment even though you're past FRA. To apply for a disability freeze, you'll need to complete form SSA-16 (Application for Disability Insurance Benefits) and provide medical evidence supporting that your disability began before you applied for early retirement. The key is proving your disability onset date was before your early retirement application.

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Thank you! This is exactly the specific information I needed. I'll ask about the Disability Freeze using form SSA-16 and make sure to gather all my medical records from the VA. I appreciate you explaining this so clearly.

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Be prepared for them to calculate your GPO wrong the first time!!!! When I applied, they didn't account for the fact that my husband's pension was already reduced by a divorce settlement (from his first marriage). I had to appeal and it took MONTHS to fix. Make sure you understand exactly how GPO should apply in your situation before you go in. The GPO reduction is 2/3 of the government pension amount but sometimes they mess up which amount to use as the base.

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Ryan Kim

Oh wow, I hadn't even thought about potential calculation errors. I'll definitely research more about how GPO should apply in our specific situation. Thanks for the warning!

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To answer your original question more directly - yes, for GPO cases specifically, an original or certified copy of the marriage license is virtually always required. The reason is that GPO requires very specific verification of both the marriage relationship and its timing relative to the government employment. The good news is that once they verify it, they return the document to you immediately - they don't keep it. Also, while you're waiting for the certificate to arrive, you can still gather other documentation you'll need: - Proof of your husband's pension amount - Records showing when he began his firefighting career - Information about when he started receiving his pension - Your birth certificate (original or certified copy) - Both of your Social Security numbers This will help streamline the process once you have the marriage certificate in hand.

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Ryan Kim

Thank you! I'll start gathering all those documents now. At least I won't be wasting time while waiting for the marriage certificate. I appreciate everyone's help with this!

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One more important point to consider: If you're still working when you begin collecting benefits, and you haven't reached your Full Retirement Age (FRA), you'll be subject to the earnings test. For 2025, if you earn above approximately $22,300 (estimated based on current $21,240 limit), SSA will withhold $1 in benefits for every $2 you earn above that limit. If 2025 is the year you reach your FRA, a different limit applies for the months before your birthday month - about $59,500 annual limit (estimated based on current $56,520), with $1 withheld for every $3 earned over the limit. Once you reach your FRA, there's no earnings limit and you can earn any amount without reduction in benefits.

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this earnings limit thing confused me so much when i first retired! i worked part time and didnt know about it, then got a surprise letter saying they were taking back some of my benefits. definitely understand this before you start!

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Zane Gray

When you do apply, I highly recommend using the online application at ssa.gov rather than calling or visiting an office. It's much faster and you can save your progress if you need to gather more information. The online system will guide you through exactly what information they need and will tell you if you're applying too early. Also, consider creating your my Social Security account now if you haven't already. You can verify your earnings record is correct before applying, which can prevent delays later.

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Thank you! I already have my Social Security account set up and have been checking my earnings record. Everything looks correct, thankfully. I'll definitely plan to apply online - seems much easier than dealing with the office.

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im so sorry about your mom passing away. taxes are the LAST thing you want to deal with during grief. sending virtual hugs your way!

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Thank you for your kindness. It really has been overwhelming trying to handle all these financial details while still processing the loss.

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i think we're all missing something important - was this her regular monthly benefit or a one-time death benefit? cuz SS has that $255 death benefit they pay to surviving spouses or dependents and the tax rules might be different for that vs regular benefits

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That's a good question! This was her regular monthly benefit, not the lump sum death payment. It was around $2,200, which was her normal monthly amount.

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Thanks for clarifying. Since this was her regular monthly benefit and not the $255 lump-sum death payment, my earlier advice still applies - it's reportable on your tax return. The lump-sum death payment of $255 is actually not taxable at all, but regular monthly benefits that are redirected to survivors do follow the normal Social Security taxation rules.

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To answer your original question about PENALTIES - YES there are penalties beyond just paying back the money!! If they decide you "knowingly withheld information" (which they LOVE to claim), they can impose a penalty of an ADDITIONAL 50% of the overpayment amount!!! And they can also impose a 6-month or 12-month SUSPENSION of benefits even after you'd otherwise be eligible again!! And don't count on that payment plan being reasonable - they wanted $200/month from me on a $6000 overpayment which I COULDN'T AFFORD after losing my SSI!! Sorry to be so negative but I went through HELL with this exact situation and I'm still dealing with the fallout a year later.

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While penalties do exist, they're typically reserved for cases of proven fraud, not honest mistakes or reporting delays. Based on what OP has shared, they're being forthcoming and planning to report everything on their redetermination, which greatly reduces the likelihood of penalties beyond repayment. Regarding payment plans, SSA policy states they should not create financial hardship. If they requested $200/month and that was unaffordable, you had the right to negotiate a lower amount with supporting documentation of your expenses. Many people successfully negotiate plans as low as $10-25/month.

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Update: I called my local SSA office this morning and got nowhere - just an automated message saying they're experiencing high call volumes (as usual). I think I'm going to try that Claimyr service someone mentioned because I really need to talk to a real person before I submit these forms. In the meantime, I've gathered all my paystubs and printed out my bank statements. I've also started researching Michigan's Freedom to Work program. The monthly premium seems reasonable compared to losing coverage completely. I'm still nervous but feeling a bit more prepared. Thanks to everyone who shared their experiences and advice!

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good luck! hope it works out for you

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Not sure about the rest but wanted to share that my mom was in almost the exact same situation last year! She started collecting on her ex-husband's record even though he hadn't filed yet. She had to specifically mention the 2-year divorce rule though because the first SSA person she talked to didn't seem to know about it. Good luck!!! 👍

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That's so helpful to know! I'll definitely make sure to specifically mention the 2-year divorce rule when I apply. Did your mom have to provide any special documentation besides the normal divorce decree?

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Based on what you've shared, your own benefit at FRA ($1,850) is actually higher than what you'd get as an ex-spouse benefit (50% of $3,400 = $1,700). And remember that filing at 62 means you'd only get about 70% of either amount. This is a critical point many people miss: SSA doesn't give you both benefits added together. They give you the higher of the two. So in your case, you'd likely just get your own reduced retirement benefit if you file at 62. If you can afford to wait until your FRA or even age 70, your own benefit would grow substantially and almost certainly exceed anything you'd get on your ex's record.

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Thank you for pointing this out! I hadn't considered that my own benefit at FRA might actually be higher than the ex-spouse benefit. This changes my calculations completely. I think I need to create that my Social Security account someone mentioned to see my exact benefit projections. I appreciate everyone's help!

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do u need to wait till august tho?? my friend applied in the same month he stopped working and it was fine

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There's actually a good reason to wait at least one month after stopping work before applying. Social Security benefits are paid the month after they're due, and you need to be eligible for the full month to receive benefits for that month. So if you stop working June 30th, July would be your first full non-working month, making August the first month you'd receive a payment.

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TechNinja

Thanks everyone for the helpful responses! I'm going to try to reach SSA to confirm my specific situation, but it sounds like the First Year Monthly Test could really help me. I'll make sure to document my work stoppage date and keep track of any special payments. This community has been so helpful!

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Glad we could help! One last tip: when you do reach SSA, ask them to document in their system that you're invoking the First Year Monthly Test. Also request a written explanation of how your benefits will be calculated with this rule applied. Having it in writing will protect you if there are any questions later.

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Just to add one important point: make sure when you do speak with SSA that you verify they're using your highest 35 earning years to calculate your Primary Insurance Amount (PIA) for your retirement benefit. Sometimes years get missed in their system, especially if you had multiple employers or self-employment income. Also, since you're turning 67, which I'm assuming is your Full Retirement Age (FRA) based on your birth year, you should be receiving 100% of your PIA. If you see any reduction applied, immediately question that when you call.

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Thank you for this advice! Yes, 67 is my FRA. I hadn't thought about checking if they have all my earning years correctly recorded. I did work part-time for a few years and had a period of self-employment in the 90s, so I'll definitely make sure they have everything right. I've heard horror stories about people discovering years of earnings missing from their records.

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When I switched from my disability to retirement benefits last year, I got three different notices that all contradicted each other. One said I was approved, one said I needed to apply, and another had an incorrect benefit amount. I finally got it straightened out, but it took multiple calls. My advice is to keep a file with copies of EVERYTHING they send you. Take notes during every phone call including the representative's name and ID number. The SSA systems don't always communicate with each other, so having your own documentation is crucial. Also, don't be surprised if your first payment at the new benefit amount is slightly delayed. Mine was about 2 weeks late, but they eventually got it right with the correct amount.

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Nobody is talking about how this affects HIS benefits!!! If she claims on his record it REDUCES what he gets!!! That's why exes don't want you claiming on their record!!

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This is incorrect information. When a divorced spouse claims benefits on their ex's record, it has ZERO impact on the ex's benefit amount. The ex will never even know the divorced spouse has filed (unless they tell them). This is different from spousal benefits for current marriages, but for divorced spouses, there is absolutely no reduction to the ex's benefits.

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That's not true for Social Security. Divorced spouse benefits do NOT reduce the ex-spouse's benefits in any way. You might be confusing this with private pensions that have survivor benefits, which work differently.

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One more tip from my experience - print out ALL your tax returns from the marriage if you have them. They asked me for income verification because they wanted to check if I had any government pensions that would trigger the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO). Those can reduce benefits if you worked for state/local government that didn't pay into Social Security.

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I worked in the private sector my whole career, so I should be okay on that front. But that's a good point - I'll bring my recent tax returns just in case they need to verify anything.

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You're asking exactly the right questions! Let me clarify a few important points: 1) You are correct that if you're not working, your Social Security benefit amount isn't growing significantly. However, there is still a reduction for claiming early at 62 versus waiting until your Full Retirement Age (FRA). 2) If you take retirement benefits now and later win your SSDI appeal, SSA will adjust your benefit. You'll receive the higher SSDI benefit amount going forward AND they'll pay you the difference between what you received in retirement benefits and what you should have received in SSDI benefits for the overlapping months. 3) The timing matters: If you need income now, apply for retirement benefits right away through your my Social Security account. It typically takes about 2-3 weeks to process a retirement claim if you have all your documentation ready. 4) Very important: Make sure to tell SSA that you have a pending disability appeal when you apply for retirement benefits. This ensures proper coordination between the two systems. 5) If you win your SSDI appeal, your benefits will automatically convert from reduced retirement to your full disability amount with no action needed from you. This approach is called the "simultaneous claims" strategy and is perfectly legitimate. Many people in your situation take this route to ensure some income while waiting for the disability appeal process, which can take 1-2 years to resolve.

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I tried doing this "simultanious claims" thing last year and the SS office told me I couldn't do both at the same time?? The lady at the counter said I had to choose either disability OR retirement but not both? Now I'm confused...

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You were given incorrect information. You absolutely CAN apply for retirement benefits while a disability claim is pending. You cannot receive both benefits simultaneously (you'll get whichever is higher), but you can definitely apply for both. This is a common misunderstanding even among some SSA employees who don't regularly handle these situations. If you encounter this again, ask to speak with a technical expert or supervisor who can confirm this policy.

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Thank you all for the helpful responses! I'm going to go ahead and apply for retirement benefits online this week. I'll make sure to mention my pending disability appeal as suggested. The financial stress has been overwhelming, so getting some income while waiting for the appeal makes the most sense for my situation. I appreciate the explanation about how they'll adjust the benefits if I win my appeal later. One less thing to worry about!

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good luck! update us after u get approved

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