Social Security Administration

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According to SSA's Program Operations Manual System (POMS), section GN 00305.135, "The divorce date is the date the divorce became final in accordance with State law." Different states have different rules about when a divorce is considered final. In states with a Nisi period or interlocutory decree, the marriage legally continues until that period ends. The key is understanding how your specific state law defines when a divorce is "final." In Massachusetts, for example, the divorce isn't final until the Nisi period ends. Bring documentation showing both dates and be prepared to explain this distinction when you apply. Also important: you must be currently unmarried to claim on an ex-spouse's record, and your ex must be entitled to benefits (either already collecting or eligible to collect).

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This is incredibly helpful! Yes, I'm in Massachusetts, and I've remained unmarried since the divorce. My ex is already collecting his retirement benefits. I'm turning 62 next year and trying to figure out all my options. Would it be better to apply in person at my local office rather than by phone to ensure they understand this distinction?

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Absolutely apply in person if possible. Bring certified copies of your marriage certificate, divorce decree showing both dates, and any other court documents from the divorce proceeding. In-person applications allow you to ensure all your documentation is properly scanned into their system and gives you a chance to explain your situation fully.

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dont ssi and social security retirement have different rules? maybe thats why people get different answers

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Yuki Sato

You're confusing different programs. SSI (Supplemental Security Income) is a needs-based program for disabled or elderly people with limited income and resources. Social Security retirement benefits (sometimes called OASI - Old Age and Survivors Insurance) are what we're discussing here, specifically ex-spouse benefits under retirement. The 10-year marriage duration rule applies to ex-spouse benefits under retirement, not SSI.

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good luck getting your money!! my cousin ex never paid and she finally got him when he filed for disability! she got a big chunk of his backpay too not just the monthly checks

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That's interesting about the backpay! I wonder if he'll get any retroactive benefits that could be garnished too. I'll ask about that specifically.

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To add to the excellent advice already given, I want to clarify a point about jurisdiction. Since you mentioned he's moved from Texas to Florida, you'll want to work with Texas (the original jurisdiction) but they may need to coordinate with Florida through something called the Uniform Interstate Family Support Act (UIFSA). This allows enforcement across state lines. Also, make sure your arrearage calculation includes any legal interest that Texas allows on unpaid support. In Texas, interest on child support arrears accrues at 6% simple interest, which over many years could significantly increase the amount he owes beyond the base $65,000. If your case isn't already with the Texas Attorney General's Child Support Division, I strongly recommend transferring it there. They have direct electronic interfaces with SSA for income withholding.

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Thank you! Yes, the $65k actually includes the interest calculated by the court. I'll contact the Texas AG's office. Do you know if they'll notify me when the garnishment actually begins or will I just have to wait and see if money starts coming in?

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They should notify you when the income withholding order is sent to SSA, but not necessarily when the actual payments begin coming in. I'd recommend asking for a case worker at the AG's office and requesting they keep you updated on the status. You can also set up an online account through the Texas child support portal to monitor payments. Just be aware that there can be delays between when SSA withholds the money and when it's processed through the state system and disbursed to you.

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One aspect you should consider is that your decision doesn't have to be all-or-nothing. Some financial planners suggest a middle-ground approach: file for benefits at FRA but suspend payments until a later date (up to age 70). This gives you flexibility - you can request retroactive benefits (up to 6 months) if your circumstances change, while still earning delayed retirement credits on future payments. Just something to consider if you're on the fence.

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That's a really interesting option I hadn't considered. Having that flexibility would be valuable in case my work situation changes or I have unexpected expenses. I'll definitely look into the voluntary suspension option. Thank you!

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Has anyone calculated exactly how long you need to live to break even if you wait from 67 to 70? I keep getting confused trying to do the math.

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The basic break-even calculation is straightforward: For a $2,850 FRA benefit, waiting until 70 means forgoing about $102,600 (36 months × $2,850) but gaining about $684 extra per month thereafter (24% of $2,850). Dividing $102,600 by $684 gives you approximately 150 months, or 12.5 years. So you'd break even around age 82.5. Every month beyond that, you're coming out ahead by delaying. This calculation doesn't account for inflation, cost-of-living adjustments, or potential investment returns, which could adjust the break-even age slightly.

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I spent TWO HOURS on hold with Social Security last month trying to ask about changing my payment date because it falls right after my rent is due. Never got through to anyone!!! Their phone system is absolutely TERRIBLE!!!

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Have you tried using Claimyr? I was having the same problem getting through to SS, but this service helped me skip the wait and got me connected to an agent in about 20 minutes. Worked really well when I needed to update my direct deposit info. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - saved me so much frustration!

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Just to clarify since there seems to be some confusion: you cannot change your assigned payment date with Social Security. The date is determined solely by your birth date (or when you started receiving benefits if before May 1997). The only thing you can change is your direct deposit information - which account receives the funds. Many people find it easier to adjust their bill payment dates instead.

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Thanks for the clarification! I'll contact my utility companies to see if I can adjust my due dates to align better with the fourth Wednesday schedule. Appreciate everyone's help!

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@profile6 Yes, there is a fee, but it was worth it to me after wasting days trying to get through. They don't handle your personal info - they just connect you with SSA's phone system so you're talking directly to Social Security. After my third disconnection trying to resolve my COLA questions, I was at my wit's end.

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i might try this. ive called SSA 14 TIMES this month trying to figure out why my medicare premium went up more than my neighbor's who gets the same amount!!!

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Going back to the original question - here's a simple example to make it crystal clear: Let's say your gross SS benefit is $2,000/month and Medicare Part B premium is $170/month. Your net check is $1,830. If COLA is 3%, the increase is calculated on the $2,000, giving you a $60 increase (to $2,060). If Medicare then increases by $15 (to $185), your new net check would be $1,875 ($2,060 - $185). So even though you got a full 3% COLA ($60), your actual check only increased by $45 because of the Medicare premium increase. This is why many beneficiaries feel like they don't get the full COLA - other costs are rising simultaneously.

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Thank you for breaking it down with actual numbers! This makes it very clear. I've been on Social Security for 3 years now and always wondered why my increase never seemed to match the percentage they announced on the news.

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i waited till 70 too! congrats on holding out for maximum $$$! i did the math and as long as i live past 82 i come out ahead vs taking at 62 so fingers crossed lol

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Thanks! Yes, I did similar calculations. With longevity in my family, I'm hoping this was the right decision. Fingers crossed for both of us!

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One more thing to consider - if you're still working in 2023, waiting until your birthday month to claim means fewer months where your earnings might affect the earnings test. Though at 70, the earnings test no longer applies anyway, so this is more FYI for others reading who might be claiming earlier.

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That's a good point. I actually stopped working last year, but this could be helpful info for others. Thanks for adding this detail.

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tell her to bring EVERYTHING!! i had to make 3 trips because they kept asking for more papers. bring marriage certificate, birth certificates, his death certificate (several copies), her ss card, his ss card if u have it, tax returns, bank statements... they make it so difficult!

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This is good advice. For survivor benefits, the essential documents usually are: marriage certificate, death certificate (certified copy), both Social Security cards or numbers, a form of ID like a driver's license, and recent tax returns can be helpful. Better to bring too much documentation than not enough!

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my condolances on your loss. when my mom died they did deposit her last check then took it back out a few days later!!! then put it back again after my dad called them. its so confusing i think even the ssa people dont know there own rules sometimes

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Thanks for sharing your experience. It is confusing! We're going to make sure she calls them specifically about this payment. Sounds like it might get deposited and then taken back before they sort it out.

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I just realized we might be talking about two different things here. Are you talking about the reward cards some plans give you for doing healthy activities (like going to checkups) OR the monthly allowance cards for buying OTC items? Because those might be treated differently!

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I'm talking about the monthly allowance cards for OTC items, vitamins, and certain food items. My sister gets $75/month loaded onto a card automatically.

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To clarify: BOTH types (reward cards for healthy activities AND monthly OTC allowance cards) are considered health insurance benefits and neither counts as income for Social Security purposes. This is true whether you're on SSDI or SSI.

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Amina Sy

The whole Social Security system is ridiculous with what they count as income! My neighbor got dinged because someone regularly brought her groceries and SSA counted that as "in-kind support" for her SSI. But then things like these cards don't count? Makes NO SENSE.

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You're right that it can seem inconsistent, but there is a logic to it. For SSI (not SSDI), food and shelter provided to you can count as in-kind support and maintenance because SSI is a needs-based program specifically designed to cover those basic needs. Insurance benefits, on the other hand, are considered a resource you've either paid for through premiums or earned through Medicare contributions during your working years.

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Just wanted to add - make sure when you're doing the tax returns you're separating what goes on the final 1040 vs what might need to be reported on the trust return (Form 1041). Social Security benefits received before death go on her final personal return, but depending on your trust structure and if benefits were paid to the trust, reporting could differ. Might be worth consulting with a tax professional who specializes in estate matters.

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You're right - I have an appointment with our family's accountant next week, but I wanted to make sure I had all the documents ready. Dealing with the trust vs. personal tax division is definitely complicated.

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Something else to consider - if she was receiving benefits as a widow or from a divorced spouse, that might affect how you need to request the documents. Be super specific with SSA about what tax documents you need, or you might end up with incomplete information. Also, while you're at it, check if there's any possibility of survivor benefits for eligible family members if anyone qualified.

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That's a good point I hadn't considered. She was receiving her own retirement benefits, but I should double-check if there are any other potential benefits. Thanks for bringing that up!

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Just wondering but r u still working? Cuz that could affect survivor benefits before FRA but I think once your at FRA there's no earnings limit anymore? Someone correct me if I'm wrong about that!!

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You're correct. The earnings test no longer applies once you reach your Full Retirement Age. Before FRA, earned income above certain thresholds can reduce benefits, but after FRA you can earn unlimited amounts without any reduction to any type of Social Security benefit, including survivor benefits.

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so sorry for ur loss

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Thank you. It's been many years now, but I appreciate your kindness.

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