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Based on your additional comments, I strongly suspect there was an error in how they calculated your Average Current Earnings (ACE). There are actually three different ways SSA can calculate ACE, and they're supposed to use the highest one: 1. The average monthly earnings from your highest single calendar year in the 5 years before disability 2. The average monthly earnings from your highest 5 consecutive years 3. The average monthly earnings over the entire period you've worked under Social Security If they used the wrong method or had incorrect earnings records, it would explain both the original overpayment claim and the partial refund. It's not uncommon for SSA to correct part of an error while missing the full picture. For your ALJ hearing, I recommend bringing your tax returns from the 5 years before disability to show your highest earning year.
my cousin works for ssa (not saying where) and she says the workers comp offset errors are super common. they have different people handling different parts of your case and the left hand doesnt know what the right hand is doing half the time. that $3400 was probably processed by someone who saw part of the error but not all of it. keep pushing!
If you decide to file through the FBU, make sure you understand how international agreements affect your benefits. Portugal and the US have a Totalization Agreement that coordinates Social Security benefits. This means time worked in Portugal might count toward US eligibility requirements and vice versa. However, this can also trigger the Windfall Elimination Provision (WEP) if you receive a pension from Portugal, potentially reducing your US benefits. This is one area where speaking with an SSA representative who understands international agreements can be valuable.
Just a practical note - if you do decide to travel to the US to file, bring EVERY possible document you might need: original birth certificate, marriage certificate if applicable, all passports (current and expired), tax returns from the last few years, proof of foreign residency, and your complete work history. Better to have too much documentation than not enough!
Yeah there is a fee, but honestly after spending DAYS trying to get through and getting nowhere, it was worth it to me. Got my questions answered in one call instead of trying for weeks. Time is money too ya know!
Here's a summary of what we've discussed to help clarify: 1. If you're married at least 9 months before your husband passes away, you qualify for survivor benefits 2. If your husband passes away while on SSDI, your survivor benefit would be 100% of his disability benefit amount IF you claim at your Full Retirement Age or later 3. If you claim your own retirement benefit early (before your FRA) and later switch to survivor benefits, the RIB-LIM rule might reduce your survivor benefit amount 4. You can choose to receive either your own retirement benefit OR the survivor benefit, whichever is higher (not both simultaneously) 5. You can switch between benefits - for example, take your reduced retirement now and switch to survivor benefits later, or take survivor benefits first and switch to your own retirement later if it's higher The best strategy depends on the specific benefit amounts in your case. I recommend speaking with a knowledgeable SSA representative who can review both your records.
wat happens if SSA finds out ur not using seperate account??? do they take the money back or something????
If SSA discovers you're not using a proper representative payee account, they typically don't demand repayment of benefits as long as you can demonstrate the funds were used for the beneficiary's needs. However, they may: 1. Issue a formal warning requiring you to open a proper account 2. Conduct more frequent reviews of your payee activities 3. In serious cases or for repeat violations, remove you as representative payee It's much easier to just follow the rules from the beginning than deal with these complications later.
Thank you everyone for the helpful responses! I called Wells Fargo's main customer service line like some of you suggested, and they transferred me to someone who actually knew about Rep Payee accounts. They DO offer them, and there's no monthly fee if I maintain a $500 minimum balance, which should be doable. I'm definitely going to set up the proper account before my daughter's benefits start. Better to do it right from the beginning than risk problems later. I've also started a simple spreadsheet to track expenses for the annual reporting requirement. Really appreciate all the advice!
The whole system is needlessly complicated. When I filed for benefits on my ex's record, the SSA agent told me I should have waited until FRA but by then it was too late - once you file early, you're stuck with the reduced amount forever. Just make sure you understand all the implications before you submit that application!
That's an excellent point about the permanence of the reduction. Once you accept a reduced benefit by filing early, that reduction (minus COLA increases) stays with you for life. The only exception is if you repay all benefits within 12 months of filing and withdraw your application, but that's rarely practical for most people.
Didn't they also change it so if your ex dies you can switch to survivor benefits? Those work differently I think. My aunt did that and got more money when her ex passed away even though she started regular benefits early.
Yes, survivor benefits are treated differently than spousal/ex-spousal benefits. If your ex-spouse passes away, you can receive survivor benefits as early as age 60 (or 50 if disabled), and these can be up to 100% of what your ex was receiving. Importantly, even under the new rules, you CAN file for survivor benefits only and delay your own retirement benefit until 70 to maximize it. This specific strategy still works because survivor benefits weren't affected by the 2015 law changes.
ANOTHER THING NOBODY MENTIONED!!! If you're getting unemployment benefits right now make sure you know if your state REDUCES unemployment if you start collecting Social Security!!!! Some states offset unemployment by the amount of your SS benefit!!!! Just something to check before you apply!!!!!
my sister said somethin different. she said they take ur TOTAL income for the year and divide by 12, and if that's over the limit they reduce bennefits. im so confused now!!!
Your sister is describing how the earnings test works in years BEFORE the year you reach FRA. In those earlier years, they do look at annual earnings. But in the specific year you reach FRA (2025 for the original poster), they only count earnings in the months before you reach FRA, and they apply the test monthly. After FRA, no earnings test applies at all. It's confusing because the rules change depending on which year we're talking about relative to your FRA.
I went through EXACTLY this last year. Here's what nobody tells you: make sure you're looking at your actual FRA date carefully. Mine was July 15, 2024, and I thought as long as I reached FRA in July, I was good for July. WRONG! According to SSA, you reach FRA on the day BEFORE your birthday. So I actually reached FRA on July 14, not July 15. What happened? They counted an extra month of my earnings against the limit! It took three calls and a visit to my local office to straighten it out. Double check your EXACT FRA date on your Social Security statement. It might not be what you think!
So sorry about your son! My brother was in a similar situation after a stroke but I just wanted to say don't worry about hurting his retirement in the long run. When disability converts to retirement at full retirement age, they use a special calculation to make sure the years on disability don't count against your lifetime earnings average (they call it a "disability freeze"). So those zero income years while he's recovering won't drag down his retirement amount later.
One more important point: gather as much medical documentation as possible before applying. Get detailed statements from his neurologists about prognosis and expected recovery timeline. The more medical evidence you have upfront, the smoother the process. Also, get a letter from his employer confirming his last day worked and any workplace disability coverage details. You mentioned his workplace disability only covers 6 months - be aware there's a 5-month waiting period for SSDI benefits to begin after the onset date. So apply immediately to minimize any gap between his workplace coverage ending and SSDI beginning.
Wait I'm confused... isn't the PIA for retirement different than for SSDI? My brother said his retirement PIA was calculated differently. That's why I'm worried about my son's benefits changing when I hit retirement age next year. Does anyone know if they use the same formula?
The confusion is understandable. The PIA calculation formula is actually the same for both SSDI and retirement. What might be different is the computation period used (years of earnings considered). For SSDI, the period ends when you became disabled, while for retirement it continues until you claim benefits. However, when someone on SSDI reaches FRA, they're simply converted to retirement benefits using the same PIA - there isn't a recalculation using a different formula. Any potential changes would come from additional earnings during the SSDI period that might trigger an AERO recalculation.
Thanks everyone for all the helpful information! To summarize what I've learned: 1) My son's DAC benefit should stay at 50% of my PIA when I transition to retirement at FRA, 2) My PIA shouldn't change at transition, but might be recalculated through AERO if my part-time work increased my average earnings, 3) I need to verify my son remains coded as DAC during the transition, and 4) I should bring all my earnings documentation to my appointment. This has been so much more helpful than my calls to SSA! I'll update after my appointment next month to let everyone know what I find out.
Miguel Ramos
Try logging out completely and clearing your browser cookies, then log back in. Sometimes the system gets stuck in a weird state. That fixed a similar issue for me where I couldn't access certain forum features a few months ago.
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Giovanni Conti
•I actually tried that yesterday - cleared cookies, tried different browsers, even used my phone instead of my computer. Same result everywhere - only anonymous posting available. But now I understand it's an intentional system change based on what others have explained. Mystery solved!
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Fatima Al-Hashimi
hey quick question thats off topic but since ur applying for SSDI - did they make u wait the full 5 months before your first payment? my doctor said sometimes they waive that for certain conditions
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Giovanni Conti
•Yes, unfortunately they made me wait the full 5 months. From what I understand, the waiting period is pretty much mandatory for everyone on SSDI. I think your doctor might be confusing it with the 24-month Medicare waiting period, which can sometimes be waived for certain conditions like ALS. But the 5-month SSDI waiting period applies to almost everyone.
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