Social Security Administration

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One more thing - make sure you understand that even with a recognized common-law marriage, the spousal benefit rules still apply. You'll only get 50% of your partner's benefit amount if taken at your Full Retirement Age (and less if taken earlier), and only if that amount is higher than your own earned benefit. And remember that if you take benefits before your FRA, you'll be subject to the earnings test if you're still working.

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yeah and if they're both alive they both have to be at least 62 for one to claim on the other's record, they can't just be married and one person be any age

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my brother n his gf tried to claim they were common law for ss and got DENIED even tho they lived together 15+ years... ss said they needed MORE PROOF they were acting like married people. make sure u have tons of paperwork!!!

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There's a big difference between just living together and having a common-law marriage. Your brother's situation sounds like they may have been cohabitating but didn't meet the specific requirements for common-law marriage in their state. Each state has different requirements beyond just living together.

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Your sister needs to apply right away and specifically ask about the "deemed filing date" rules. Even if she gets denied now because of GPO, having an application on file might help her get retroactive benefits once the GPO phases out. At least that's what my financial advisor told me for my similar situation.

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That's really helpful - I hadn't thought about the deemed filing date issue. I'll make sure she applies soon then, even if she might not get much initially. Thanks!

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wait does this new law help people who worked in jobs with pensions AND had some social security covered jobs? my dad worked for the post office for 25 years but also had enough social security credits from earlier jobs but got his SS benefit reduced because of WEP

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Yes! The Social Security Fairness Act will help your dad too. It phases out the Windfall Elimination Provision (WEP) over the same 5-year period (2025-2029). The WEP currently reduces Social Security benefits for people who receive pensions from jobs not covered by Social Security. As it phases out, your dad should see his Social Security benefit increase.

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Quick update on my situation from January. After checking mysocialsecurity.gov, I realized my first payment was reduced because of: 1) It was prorated for 18 days in December, 2) Medicare Part B + D premiums ($242 total), 3) Federal tax withholding at 12%. My second payment was the full amount minus just the Medicare and tax withholding. Hope this helps you understand what might be happening!

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That's really helpful, thank you for sharing your experience! I'll check my mysocialsecurity account again. I didn't see a breakdown there earlier but maybe I missed it or they've updated it since.

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Just to clarify for everyone: Social Security benefits for a month are paid the following month. This is the standard payment schedule. If your birthday is on the 10th, your February payment will arrive on the second Wednesday of March. First payments can be confusing because they might be prorated based on your exact entitlement date. For the original poster: your next payment should reflect your full benefit amount minus any deductions for Medicare premiums and tax withholding. If you're still concerned after receiving your March payment, you should request a benefit verification letter through your my Social Security account, which will show your gross benefit amount before deductions.

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Thank you for the additional information. I'll definitely check my March payment carefully when it arrives. If it's still not right, I'll request that benefit verification letter. Really appreciate all the help from everyone here!

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dont 4get about taxes 2! if ur working AND getting benifits, more of ur SS might be taxable. my sister got hit with a big tax bill she wasnt expecting

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Good point! Up to 85% of Social Security benefits become taxable when your combined income (adjusted gross income + nontaxable interest + half of Social Security benefits) exceeds certain thresholds. For someone working part-time while collecting benefits, this can definitely impact your tax situation.

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Thank you all so much for the advice! I think I need to speak with SSA directly to understand exactly what my benefit amounts would be at different ages. The earnings limit is definitely a concern since I need to keep working. I'm leaning toward waiting a bit longer to claim, but I'll try to get through to SSA first to get personalized calculations. I'll look into that Claimyr service too since it sounds like it might save me hours of frustration on the phone.

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That's the wisest approach. Everyone's situation is unique, especially with survivor benefits. The difference between claiming at 60 vs. waiting until FRA can be tens of thousands of dollars over your lifetime, so it's worth getting personalized advice before making your decision.

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My husband thought the same thing when he was on disability! But nothing changed at 62. The only thing that happens is when you hit full retirement age (which is higher now, like 66-67 depending on when you were born), they just call it "retirement" instead of "disability" but the check stays the same amount.

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That's exactly what I needed to know. Thank you! Sounds like I can just relax about turning 62 and not worry about any benefit changes.

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Im getting disability too but I also worked a part time job allowed under the earnings limit. Does that make any difference when I turn 62? They told me I could earn up to $1,550/month without affecting SSDI but don't know if that changes at 62?

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Great question! While on SSDI, you're subject to the Trial Work Period (TWP) and Substantial Gainful Activity (SGA) rules. The earnings limit you mentioned ($1,550/month for 2023) is the SGA amount. When you turn 62, nothing changes regarding these work rules as long as you remain on SSDI. You'll still be subject to the same earnings limitations. However, once you convert to retirement benefits at your Full Retirement Age, different earnings rules apply. At that point, there's no limit to how much you can earn without affecting your benefits.

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Evelyn Xu

i heard there's a special exception to GPO if you were receiving half of your spouse's social security benefit before you started getting your pension? does that apply to your situation?

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You're thinking of a very specific exception, but it likely wouldn't apply here. The exception you're referring to is for people who were eligible for spouse/widow(er) benefits before April 1, 2004, AND were receiving a government pension before July 1, 2004. Based on the original poster's timeline (retired in 2023), this exception wouldn't apply. There are a few other narrow exceptions to GPO, but they're rare - like if you have 30+ years of substantial earnings under Social Security in ADDITION to your government pension, or if you paid into both Social Security and your government pension simultaneously for the same job before 1983.

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wait so if you get survivor benefits do you still get your own ss payment too or just the higher one?

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You only receive the higher of the two benefits, not both combined. If your survivor benefit (after any GPO reduction) is higher than your own retirement benefit (after any WEP reduction), you'll receive the survivor benefit amount. If your own benefit is higher, you'll keep receiving that. In the original poster's case, based on the numbers shared, the GPO-reduced survivor benefit would likely be higher than her WEP-reduced retirement benefit, so she would switch to receiving the survivor benefit instead.

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This whole system is SO UNNECESSARILY COMPLICATED! Why can't they just make it simple? My husband and I both got different answers from different SS representatives when we called. One told us the application date determined everything, another said it was the benefit start date. Honestly, I think half the time THEY don't even know their own rules. Document EVERYTHING.

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You're right about documentation! I took notes during my call with names and dates. When I got confused about something later, I called back and mentioned my notes from the previous call, and suddenly they were much more helpful and consistent.

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To wrap things up for the original poster: During your April 1st phone appointment, you'll go through the actual application process. At that time, you'll be asked when you want your benefits to begin. Specify June 2025 (your FRA month). Applying in April for June benefits is completely fine and won't reduce your benefit amount as long as you select the correct benefit start month. I recommend taking detailed notes during the call, including the name of the representative you speak with. After the application is submitted, you'll receive a confirmation letter - review it carefully to ensure the benefit start date is shown correctly as June 2025.

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Thank you so much for this clear explanation! I'll definitely take detailed notes and make sure to clearly specify June 2025 as my benefit start date. This community has been incredibly helpful!

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Let me clarify this with the actual rules from SSA: For self-employed individuals, Social Security applies TWO tests: 1. The Earnings Test: In 2025, if you're under Full Retirement Age, you can earn up to $23,400 without reduction in benefits. 2. The Services Test: This is where the 45-hour guideline comes from. It states that if you work more than 45 hours per month in self-employment, you are considered not retired regardless of earnings. If you work between 15-45 hours, they consider other factors. Less than 15 hours and you're generally considered retired. HOWEVER - and this is key - the Services Test is not automatically applied to everyone. It's primarily used when there's a question about whether income is being deferred or misreported to avoid the earnings test. So the SSA rep was technically correct that most people just need to worry about the earnings limit, but incomplete in not explaining that the hours rule does exist in their policies.

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This makes perfect sense - thank you for spelling it out so clearly! I'll keep my earnings under the limit and also try to stay below 45 hours most months just to be on the safe side. Better to be cautious than have to deal with paying back benefits later.

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my uncle had his benefits stopped cuz they said he wasnt really retired from his plumbing business even tho he was under the money limit!! he had to appeal and everything. such a headache

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This is what happened to my brother-in-law too! The appeals process took almost 5 months. SSA eventually reinstated his benefits but didn't pay all the back benefits they withheld. The whole system is inconsistent.

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Another important difference: If your father ever wants to try working again (even part-time), SSDI and SSI have COMPLETELY different rules about earnings. SSDI has a Trial Work Period where he could test his ability to work for 9 months while keeping full benefits. SSI reduces benefits gradually based on earnings. It's really important to know which one he has before he earns any income.

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That's good to know. His doctors think some part-time work might actually help with his recovery, so I'll look more into the SSDI trial work period rules.

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The WHOLE SYSTEM is designed to be confusing!!! They make it complicated on purpose so people don't get all the benefits they deserve! I've been fighting with them for YEARS about my benefits. Every time I call I get different answers!!!!!

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While the system can certainly be confusing, the differences between SSI and SSDI actually serve different purposes. SSDI is insurance-based (you pay in through FICA taxes while working) and SSI is needs-based (for those with limited income and resources). But I agree the terminology and paperwork could be much clearer.

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Amara Eze

One thing that really helped me decide when to claim between my FRA and 70 was calculating my "break-even point." Basically, I figured out how long I'd need to live for the higher monthly payment from waiting to be worth more than collecting sooner. For me, waiting until exactly 68 made the most sense based on my family health history and financial needs. The SSA actually won't give you break-even analysis (they stopped doing that years ago), but there are online calculators that can help. Everyone's situation is different!

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Mei Wong

Thanks everyone for all the helpful responses! What a relief to know I have complete flexibility between FRA and 70. I think I'll probably wait at least a year past my FRA since I'm still working, but it's great to know I can claim anytime if circumstances change. Really appreciate all the insights about delayed retirement credits being calculated monthly too - that wasn't clear from what I was reading online.

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