Social Security Administration

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OK I'M CONFUSED!!! I thought that if you were married for 10+ years you could claim 50% of your ex's benefit REGARDLESS of when they claim??? Isn't that the WHOLE POINT of the divorced spouse benefit?? That you don't have to coordinate with them?? Why is everyone saying you have to wait until your ex is 62? That makes NO SENSE to me and defeats the purpose of the benefit!! Also my cousin's friend got divorced after 11 years and she's getting benefits on her ex-husband's record RIGHT NOW even though he hasn't filed yet so I KNOW it's possible!!!

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You're confusing two different rules: 1. You don't have to coordinate WITH your ex-spouse (they don't need to file first, and you don't need their permission) 2. BUT your ex-spouse still needs to be at least 62 (eligible for benefits) before you can claim on their record Your cousin's friend's ex-husband is presumably at least 62, which is why she can claim on his record even if he hasn't filed yet. The original poster's ex is only 51, so they wouldn't be eligible for another 11 years. The "not having to coordinate" part means once the ex is 62+, you don't need them to actually file for benefits before you can claim on their record.

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Been there done that with the ex-spouse stuff. Just remember you need ur marriage certificate AND divorce decree when you apply! They made me go home and come back when I didn't have both. Super annoying since I had to take another day off work.

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That's a great tip, thank you! I think I know where my divorce decree is, but I'll have to hunt down the marriage certificate. It's been so long I'm not even sure where I put it.

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To clarify the Medicare point: Yes, if the husband is covered under the wife's current employer health insurance (from her active employment), AND the employer has 20+ employees, then he can delay enrolling in Medicare Part B without penalty. He would need to get a form called \

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This is all super helpful information. I definitely don't want to file early just to enable his spousal benefits if it's going to permanently reduce my benefit. It sounds like the best approach might be for him to wait until his FRA at 67 to claim his own benefit, and then I can file for mine when I reach my FRA (which would be 67 too, I think).

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its SO DUMB that they make these rules so complicated!!!! why cant they just explain things clearly?? everytime i call ssa i get diffrent answers too

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I agree it's frustrating. I think part of the problem is that the rules themselves are incredibly complex with lots of exceptions and special cases. Even the representatives sometimes struggle to keep everything straight, especially for less common situations like this one.

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To summarize what everyone's said: While your son is earning above SGA during his EPE, his benefits are suspended (not terminated). During months of suspension, you would not be eligible for Child-in-Care benefits because he's not receiving benefits. For any months he earns under SGA during the EPE, both his benefits and your Child-in-Care benefits could be reinstated for those specific months. After the EPE ends, if he's still working above SGA, his benefits would be terminated, which would permanently end your eligibility for Child-in-Care benefits (unless he files a new application later).

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Thank you for this clear summary. I think I finally understand how it all works. I'll keep track of his monthly earnings during the EPE and report any months where he goes below SGA. At least we might get benefits during those months.

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has anyone actually CALLED the social security office about this?? wat did they say?

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I've spoken with SSA about similar situations. They'll confirm whether the income appears on your earnings record, but they'll refer you to the IRS regarding tax filing issues. They'll typically explain that only income where Social Security taxes were paid counts toward benefits. SSA doesn't have the authority to credit earnings where no FICA/SE tax was paid, even if it was due to confusion about a tax exemption.

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After doing more research on your situation, I want to add that there is a process for requesting an earnings record correction with Social Security, but it requires evidence that you actually paid the self-employment taxes for those years. The difficulty of care exemption creates a unique situation that many tax preparers misunderstand. Moving forward, make sure your tax preparer includes Schedule SE with your tax returns to pay self-employment tax on this income. For past years, you can: 1. Amend returns for the past three tax years by filing Form 1040X along with Schedule SE 2. For years beyond the amendment window, you may still be able to file a request with SSA using Form SSA-7008 (Request for Correction of Earnings Record), but success will depend on your specific circumstances This is definitely a situation where speaking directly with someone at SSA who specializes in earnings record issues would be beneficial.

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Thank you so much for this additional information! I'll definitely look into Form SSA-7008. We're meeting with our tax preparer next week to go through our returns and start the amendment process for the years we can fix. I really appreciate everyone's help with this confusing situation.

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Let me clarify a few key points about part-time work and Social Security benefits: 1. Your benefit is based on your highest 35 years of indexed earnings. 2. Working part-time will only increase your benefit if those earnings replace a lower year in your calculation. 3. At your current age (63), the most powerful way to increase your benefit is to delay filing. 4. Each year you delay filing past your FRA increases your benefit by 8% (permanently). 5. If you file before FRA while still working, you'll be subject to the earnings test ($21,240 in 2025). For personalized advice, I'd recommend creating a my Social Security account at ssa.gov and looking at your earnings history and benefit estimates.

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Thank you for such a comprehensive explanation! I'll definitely create that account to check my earnings history. Based on everyone's advice, it sounds like I should focus more on WHEN I file rather than whether I'm working part-time vs. full-time. This has been incredibly helpful.

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I forgot to mention in my earlier comment - BE CAREFUL about the monthly earnings test in your first year of retirement if you claim early! It's DIFFERENT from the annual test and trips people up all the time! SSA doesn't explain this well AT ALL!

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This is an excellent point about the monthly earnings test. In the calendar year you first retire, SSA will use a monthly test rather than the annual test. You can receive benefits for any month you earn below 1/12 of the annual limit ($1,770 for 2025) AND don't perform substantial services in self-employment. This special rule is important for people who retire mid-year after already earning more than the annual limit.

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Anyone know if they pay interest on the retroactive DRC payments? Just curious.

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No, the Social Security Administration does not pay interest on retroactive DRC adjustments. They'll pay the increased amount back to January, but without any interest regardless of when they process it.

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Update: I called SSA this morning (was on hold for 1.5 hours!) and finally spoke with an agent. They confirmed my DRC adjustment is scheduled to be processed in their February batch, so I should see the increase and any back payments in my March payment (which arrives early April). The agent also verified they have the correct number of months (6) for my delay. Thanks everyone for your help! I'll update again when I actually see the increase.

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Good news! Glad you were able to confirm. It's always a relief to know they have the correct information in the system.

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Wow you actually got through to them?? MIRACLE. Make sure you save the name of who you talked to. These people will tell you anything just to get you off the phone!!

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just wondering... ur turning 66 next year right? there's a different limit for the year ur reaching FRA. its like $59,520 for 2024 but only counts earnings BEFORE the month u hit FRA. after that month there's no limit. maybe check if that helps ur situation?

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I won't reach my FRA until 2026 (I'm 65 now and my FRA is 66 and 8 months), so I'll have to deal with the regular earnings limit next year too. But thank you for mentioning the higher limit for the year you reach FRA - that's good to know for when I get there!

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I've been reading this whole thread and now I'm confused about my own situation lol. I'm getting survivors benefits from my late husband (I'm 60) and also working part-time. Does the earnings limit apply to survivors benefits too or just retirement??

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Yes, the earnings limit applies to survivors benefits as well if you're receiving them before your full retirement age. The same rules and limits apply - $22,320 for 2024 if you're under FRA the whole year, with $1 withheld for every $2 earned above the limit. The higher limit of $59,520 applies in the year you reach FRA, and there's no limit after you reach FRA.

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One more important thing I forgot to mention - your husband should apply for the widower benefits as soon as possible after your passing (though I hope that's many years from now). The application process can be lengthy, especially for disability-based survivor benefits. Also, if he's denied initially (which happens frequently), he should definitely appeal. Many legitimate claims are denied on the first try but approved on reconsideration or at a hearing level. And having a disability attorney can help tremendously - they typically only charge if they win the case (usually 25% of backpay with a cap).

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Thank you for this additional information. I've heard that many disability claims get denied initially. I'll make sure he knows to appeal if necessary. Do you know if there are any specific forms or documentation he should have ready? I want to prepare as much as possible for him.

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When my father died, my disabled mother had a similar situation. A key thing that helped was having a "funeral fund" set aside because survivor benefits don't start immediately, and there's often a gap period with no income. Also, make sure your husband knows where all important documents are kept - death certificate, marriage certificate, your SS number, birth certificates, etc. The SSA requires these for the application process. Having them organized ahead of time saved my mom a lot of stress.

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This is really practical advice, thank you. I hadn't thought about the gap between when I might pass and when benefits would actually start coming in. I'll start setting aside some emergency funds and get our documents organized in one place.

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Quick clarification question for those who know the system - if earnings don't show up in your Social Security record but the SSA agent can see them somehow, does that mean you still got proper credit for Medicare qualification? Or do these missing earnings also affect Medicare eligibility?

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Good question. If the earnings aren't posted to your official earnings record, they wouldn't count toward your Medicare quarters of coverage. Medicare eligibility requires 40 quarters (10 years) of covered employment. If you're missing earnings for a full year, you could be missing up to 4 quarters of coverage. However, most people work well beyond the 10 years needed for Medicare eligibility, so one missing year typically doesn't impact Medicare qualification. But if someone was right on the borderline of 40 quarters, those missing earnings could potentially make a difference.

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There's one possibility nobody mentioned. If you changed your name (like through marriage) during that time period and your employer reported your wages under your previous name, it might not have matched up properly in the system.

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That's a great point! But I've actually never changed my name, so that wouldn't be the issue in my case. Seems like the consensus is either a SSN typo or some kind of reporting mismatch between IRS and SSA.

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Pro tip for anyone dealing with overpayment issues: the SSA websites don't make this clear, but you can actually request a CONFERENCE with the claims specialist reviewing your reconsideration. This gives you a chance to explain your case directly. Also, if you request a waiver (different from a reconsideration), they're supposed to pause any recovery efforts until they make a decision, though in practice this doesn't always happen. Glad you got resolution through your congressional office - that's definitely the fast track when you're stuck!

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After reading this I contacted my rep's office yesterday and they already called me today! They're opening an inquiry with SSA about my overpayment issue. Fingers crossed this works. Thanks for sharing your experience!

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That's great! Hope you get resolution quickly. In my experience, things moved MUCH faster once the congressional office got involved. Keep us posted on how it goes!

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