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Update: I went ahead and submitted my Request for Reconsideration today with copies of all my pay stubs. The representative at the field office initially gave me a hard time about having a waiver already pending, but when I explained I was disputing the calculation itself, she finally accepted it. Now I'm just anxiously waiting. Thank you all for your advice!
Great job! That was absolutely the right move. Make sure you keep copies of everything you submitted, and get a receipt if possible. Reconsiderations can take 2-3 months to process, so don't panic if you don't hear anything right away. If they start making deductions from your benefits before the reconsideration is complete, you can request that they temporarily stop the collection while your appeal is pending.
I went thru something like this but with Medicare premiums that they said I owed from 3 years ago?? I found out that if you request reconsideration they are supposed to pause collecting the overpayment until they make a decision. You might need to specifically ask for this though, they don't volunteer it!
One more important point about your situation: if you're also eligible for retirement benefits on your own record, you should know that you can take one benefit type first and switch to the other later if it would result in a higher amount. For example, you could take your reduced survivor benefit at 66 and then switch to your own retirement benefit at 70 if your retirement benefit with delayed credits would be higher than the survivor benefit. Or vice versa. This is one of the few remaining claiming strategies that can help maximize lifetime benefits. The SSA representatives can show you the numbers for both benefit types during your appointment to help you make this decision.
This is really helpful! I didn't realize I could potentially switch between benefit types. I'll definitely ask about this strategy at my appointment. I've worked most of my life, so I do have my own retirement benefit as well. Thank you for this tip - it could make a big difference in my long-term financial situation!
Just a WARNING about those appointments - don't assume the first person you talk to knows everything!! I got completely wrong info at my first appointment and made a HUGE mistake with my claiming strategy. Make sure you talk to a TECHNICAL EXPERT not just a regular service rep. Ask specifically for someone who specializes in survivor benefits!! And take notes of EVERYTHING they say.
One more important point - your brother should still file for his benefits even with these garnishment issues. If he's at full retirement age (66-67 depending on birth year) or beyond, he's already entitled to 100% of his benefit. Every month he delays filing is essentially giving up money he could be receiving, even if partially garnished. If he's only 65, he's filing slightly early (before Full Retirement Age), which means a permanently reduced benefit. I recommend he speak with an SSA representative to understand the exact impact of filing now versus waiting until his Full Retirement Age.
make sure he files ASAP before the end of the month!! there's no retroactive benefits for retirement if he misses the filing window!
has anybody else noticed that the rules r different depending on which SSA person u talk to?? i swear i called twice about my ex-spouse benefits and got completely different answers!! so frustrating!
One important detail I forgot to mention: if you apply for the divorced spouse benefit, make sure you specify you're applying for the "divorced spouse benefit" and not trying to file on your own record again. Sometimes the intake people get confused when you're already receiving SSDI and try to tell you that you've already filed. Be specific that you're filing for the additional benefit based on your ex-spouse's record.
Has anybody mentioned that if she applies now for disability they'll look at her work credits from like the last 10 years? My cousin's wife had mental health issues too but waited too long and didn't have enough recent work credits for SSDI. Not sure about the SSI thing though.
You're correct about the work credits. For SSDI, she would need to have worked 5 out of the last 10 years and have enough total credits based on her age. That's why in this case, applying for SSI would be more appropriate - not necessarily to get SSI benefits (which are means-tested), but to establish her disability status with SSA for potential future widow's benefits.
Thanks everyone for the excellent advice! I'm going to help my wife apply for SSI to document her disability status, even though we expect to be denied due to our household income. We'll also work on gathering all her medical records and making sure her condition is well-documented. And we'll definitely use that phone service to speak directly with SSA about our specific situation. This community has been incredibly helpful - I feel much better informed about our options now. Turning off comments.
No, your receipt of survivor benefits as a divorced spouse does not reduce or affect any benefits that your ex-husband's current wife would receive. The SSA calculates divorced spouse benefits separately from current spouse benefits. Both of you could receive the maximum you're entitled to without affecting each other's benefits.This is different from the family maximum limit that applies when multiple people (like children) are drawing benefits on the same worker's record. For divorced spouses who were married at least 10 years, this limitation doesn't apply in the same way.
DON'T TRUST THE ONLINE APPLICATION!!! When I filed last year I checked 'Yes' for Part B and entered my benefit start date but SSA started my Part B THREE MONTHS EARLY and I got billed for premiums while still on my employer plan!!! Had to spend weeks fixing this mess with multiple calls and visits to SS office. Instead call SSA directly and speak to a real person about your situation. Get their name and extension. Ask them to put notes in your file about the EXACT dates you want Part B to start. The online system has tons of glitches with Medicare enrollment timing!!!!
That's concerning! Did you ever figure out why the system started your Part B early even though you specified a later date?
The SSA supervisor eventually told me their system sometimes "defaults" to immediate Part B enrollment when you check Yes regardless of benefit start date. She admitted it's a known issue but they haven't fixed it. Said always best to talk to agent directly about Part B timing rather than trust online system. Complete nightmare that cost me over $500 in premiums I shouldn't have paid!!
I'm a former benefits coordinator, and I've helped many people through this process. Here's what you should do: 1. Check "Yes" for Part B enrollment on the retirement application. 2. In the section where you specify when you want benefits to begin, enter January 2025. 3. Before finalizing the application, there should be a summary screen - verify all dates match your intentions. 4. After submission, call SSA at 1-800-772-1213 to confirm your application details were processed correctly. Ask specifically about the Part B effective date. 5. Request written confirmation of your Part B start date. The reason people sometimes have issues is that the online system can be confusing. However, if you check "No" for Part B now, you'd need to complete a separate enrollment process later, which might complicate things unnecessarily.
Thank you for these clear steps! When you say to call SSA after submission, how long should we wait? Should we call immediately after submitting or wait a few days for the application to be processed in their system?
I'd recommend waiting about 5-7 business days after submission before calling. That gives their system enough time to process the application, but it's still early enough to correct any issues before your intended start date. Also, call early in the morning (right when they open) or later in the afternoon (about an hour before closing) as those tend to be less busy times. If you have trouble getting through, which is common these days, you might want to try Claimyr.com to bypass the long hold times.
btw you should know they don't make the first SS payment right ON your birthday month. My dad had to wait until the month AFTER he turned 66 to get his first payment. something about how they pay for the previous month or something weird like that
I'm an attorney who works with special needs planning, and I'd encourage you to think about this as using both tools rather than choosing between them. They serve different purposes in a comprehensive special needs plan:1. ABLE Account: Ideal for managing the month-to-month SSI resource limit issue. Low administrative costs, potential tax advantages, and easier access for qualified disability expenses.2. Special Needs Trust: Critical for larger sums, inheritance planning, and protection of means-tested benefits long-term.The most effective strategy I see with my clients is using the ABLE account for regular excess funds (transferring money as needed to stay under $2,000), while maintaining the SNT for larger financial planning. This combined approach provides both protection and flexibility.One important consideration: if your son receives Medicaid (as most SSI recipients do), be aware of potential Medicaid estate recovery issues with ABLE accounts after his lifetime. This is where having the special needs trust as part of your overall plan remains important.
Thank you for this professional perspective. We're definitely going to maintain both and use them strategically as you suggested. It makes sense to use the ABLE account for the monthly management and keep the trust for long-term planning. I appreciate everyone's input! This has been incredibly helpful in making our decision.
Annabel Kimball
my kids got benefits on my record but they stoped when they turned 18 even tho they were still in school which i think is SO unfair
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Chris Elmeda
•Child's benefits actually can continue until age 19 if the child is still attending elementary or secondary school full-time. Did you notify SSA that they were still in school? There's a form (SSA-1372) that needs to be completed to extend benefits for students.
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PaulineW
After reading through all these responses, I want to highlight something important: You mentioned you haven't applied because you thought you were at your "max amount" - but that's not how it works. Your personal SSDI benefit is fixed based on your earnings record. The children's benefits are additional and separate, though subject to the family maximum. So applying for them won't reduce your current payment at all. I really encourage you to move forward with this application as soon as possible since there's a limited retroactive period.
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Maxwell St. Laurent
•Thank you for clarifying this! I was definitely confused about how the benefit amounts work. I'm going to call SSA tomorrow to start the process. This could make a huge difference for the kids.
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