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Confused about DAC and CIC benefits with family maximum - will SSI top-up work for my disabled son?

My wife just got approved for SSDI last month. We have a son with disabilities (26 years old) who currently receives SSI benefits. I understand I need to apply for Disabled Adult Child (DAC) benefits for him based on my wife's work record. Since I'm his primary caregiver, I believe I might qualify for Childhood-in-Care (CIC) benefits too.I'm really confused about the family maximum limit though. If the total family benefits are capped at 150% of my wife's SSDI amount, would my son and I have to split the remaining 50%? His current SSI payment is about $943/month, and I'm worried that if we split that 50%, his DAC benefit would be less than what he gets now from SSI.Would he still get supplemental SSI to make up the difference since SSI is the "payer of last resort"? Or would the split between DAC and CIC be uneven with him getting priority? If applying for CIC benefits for myself would actually reduce his total benefits by forcing him to stay primarily on SSI, maybe I shouldn't even apply? Also, timing question - do I need to wait until his DAC application is approved before I can apply for CIC benefits, or can I do both applications simultaneously?One more concern - my wife and I are both about 7 years away from our Full Retirement Age. If I apply for CIC benefits now, will this somehow lock me into a reduced spousal benefit later? I haven't had much income over the years and will likely need the spousal benefit top-up when I reach retirement age. I don't want to mess that up.This whole system is making my head spin! Any advice would be so appreciated.

This is correct. The family maximum formula is: - 150% of the first $1,307 of the worker's PIA, plus - 272% of the PIA over $1,307 through $1,883, plus - 134% of the PIA over $1,883 through $2,457, plus - 175% of the PIA over $2,457 So depending on the worker's PIA, the maximum can be higher than 150%. And the Medicaid consideration is extremely important - each state has different rules about continued Medicaid eligibility for former SSI recipients who transition to DAC benefits.

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Thank you everyone for all this helpful information! I'm going to try to set up an appointment with SSA to discuss our specific situation. The Medicaid considerations are especially important since my son uses several Medicaid-funded services. It sounds like I should:1. Apply for both DAC and CIC benefits at the same time2. Check with our state Medicaid office about continued eligibility under DAC3. Understand that my son's benefits get priority before mine4. Know that applying for CIC now won't affect my future retirement/spousal benefitsI really appreciate all of you taking time to help me understand this complicated system!

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My daughter got her benefits reduced because of living with us AND THEN they said we owed back $4,500 because we didn't report the living situation right away!!! Make sure you document EVERYTHING from day 1!!!!

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Oh no, that's terrifying! Did you have to pay back that full amount? I definitely want to avoid any overpayment issues.

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we got it reduced to $2800 but still had to pay it back in monthly installments taken from her check. just be super careful and report EVERYTHING. they don't tell you all the rules up front.

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Update: I finally spoke with someone at SSA yesterday. They confirmed I can apply for SSDI even though I'm receiving retirement benefits. They said if approved, my payment would increase to what I would have received at my full retirement age. I've started gathering all my medical records from the past year. Thanks everyone for your help and advice! I'll post again when I hear something.

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good luck! hope it works out better for u than my sister!

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my neighbor did this and got back pay too for the months since he got sick. dunno if they still do that but worth asking

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Yes, this is correct. If approved for SSDI after already receiving reduced retirement benefits, you can potentially receive retroactive payments. These would represent the difference between your reduced retirement benefit and your full Primary Insurance Amount for the months since your established disability onset date (after any applicable waiting periods). This is definitely worth discussing during the application process.

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my friend says they dont even check unless you make over 30k??? has anyone heard this?

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This is extremely risky advice. SSA receives your earnings information directly from IRS tax records. They WILL catch any excess earnings eventually, and if they overpaid you, they'll demand ALL of it back - sometimes years later! Don't risk it. Stay within the proper limits.

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Does anyone know if the earnings limit applies to survivor benefits too? My husband passed and I'm getting his benefits at 60 (I'm 61 now) but I still work. Is it the same rules or different for survivor benefits? Sorry to hijack the thread but seems related.

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Yes, the earnings limit applies to survivor benefits too. Since you're under FRA and receiving survivor benefits, you're subject to the same earnings limits as someone receiving early retirement benefits. The annual limit for 2025 would be $22,680, with $1 in benefits withheld for every $2 earned above that limit.

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just wanna add something nobody mentioned... make sure ur checking ur earnings record on ssa.gov every year!! i found they were missing 2 whole years of my earnings that woulda lowered my benefit if i hadnt caught it. u only have 3 yrs to correct mistakes

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That's a great point! I just checked mine when I was looking at the benefit estimates and fortunately everything looks correct. But I'll make it a habit to verify each year after I file my taxes.

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In case anyone finds this thread later, here's a summary of key points about earnings after 60 and Social Security benefits: 1. Earnings at any age count toward your benefit calculation if they're among your highest 35 years 2. After age 60, earnings are counted at their actual dollar value (not indexed for inflation) 3. Your MySocialSecurity estimates assume you'll continue earning at your current level until you claim 4. Higher earnings between 62-70 can significantly increase your benefit, especially if replacing lower-earning years 5. There's no earnings limit after reaching Full Retirement Age (FRA) 6. Waiting until 70 to claim gives you the maximum possible monthly benefit (an extra 8% per year beyond FRA) 7. Check your earnings record annually to ensure all your income is properly recorded I hope this helps the original poster and others in similar situations!

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Thank you everyone for all the helpful information! This has cleared up my confusion completely. I'm excited to see how my higher earnings will improve my benefit over the next 8 years. I'll be checking my MySocialSecurity account regularly to watch the estimates increase!

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btw make sure ur putting that qdro money someplace smart, those high yield savings accounts seem good but with inflation theyre still losing u money long term. my sister lost a bunch of her divorce settlement that way

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That's a good point. I was planning to just keep it accessible for now since I have those medical expenses coming up, but maybe I should talk to a financial advisor about investing the rest for longer-term growth.

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To summarize the correct information for you: 1. QDRO distributions don't count as earnings for the Social Security earnings test, so they won't reduce your early retirement benefits 2. However, they will count as income for determining if your Social Security benefits are taxable 3. You don't need to specifically report the QDRO to Social Security Administration, but you do need to report it on your tax return 4. If your ex-spouse's pension was from work where Social Security taxes were paid, then WEP/GPO won't apply to you Hope this clarifies everything and reduces your stress about the situation!

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Thank you SO much for this clear summary! This makes me feel a lot better. I'll make sure everything is properly reported on my tax return and won't worry about contacting SS specifically about it.

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One thing I haven't seen mentioned yet that might be relevant to your wife's situation: the earnings limit increases substantially in the year you reach full retirement age, and only earnings before the month you reach FRA count. For example, in 2025: - If you're under FRA the whole year: $23,400 annual limit - In the year you reach FRA: $62,760 annual limit, but only counting earnings before the month you reach FRA - Month you reach FRA and beyond: No earnings limit at all So depending on when your wife reaches FRA, this could significantly impact her planning. If she turns 67 (her FRA) in 2028, she'll have a much higher limit that year and only earnings from January through the month before her birthday would count.

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This is extremely helpful! You're right - she'll reach FRA (67) in 2028, so she'll have the regular limit for 2026 and 2027, but then a much higher limit in 2028, and only for the months before her birthday. This definitely impacts our planning - thank you!

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LongPeri

Also remember that any benefits withheld due to the earnings test aren't lost forever! When your wife reaches FRA, her benefit amount will be recalculated to give credit for months when benefits were withheld. Most people don't realize this part!

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Liv Park

This is absolutely correct and often overlooked. The earnings test is more of a deferral than a permanent reduction. Once you reach FRA, SSA recalculates your benefit to account for months when benefits were withheld. However, this doesn't necessarily mean you'll get back exactly what was withheld. The adjustment comes in the form of a slightly higher monthly benefit for the rest of your life, essentially removing the early claiming reduction for those months where benefits were withheld.

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If you need to confirm anything about your specific situation, good luck getting through to SSA by phone. I spent TWO WEEKS trying to reach someone about my survivor benefits question, constantly getting disconnected or waiting on hold for hours. Finally used a service called Claimyr (claimyr.com) and got through to SSA in under 15 minutes! They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - totally worth it for peace of mind. The agent confirmed exactly what others here are saying - no earnings limit after FRA.

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I've had the same frustrating experience with phone calls! Thanks for the tip about Claimyr - I'll check out that video. It would be nice to get official confirmation from an SSA agent.

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I used that Claimyr service too! Saved me hours of frustration. The SSA phone system is absolutely terrible.

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One additional point that might help you plan: even though there's no earnings limit after FRA, if you're thinking of switching to a W-2 job (like at a garden center or bookstore), remember they'll still withhold Social Security taxes from your paycheck. This doesn't affect your survivor benefits, but it's something to consider in your budget planning. If you're self-employed now, you're used to paying both halves of Social Security tax (12.4%) through self-employment tax. In a W-2 job, you'll pay half (6.2%) and your employer pays the other half.

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That's a really good point about the tax differences. I hadn't thought about how switching from self-employment to W-2 would affect my take-home pay. Definitely something to factor into my planning!

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just want to point out something nobody mentioned - when ur husband files makes NO difference to your spousal benefit amount!! your spousal benefit is based on his PRIMARY INSURANCE AMOUNT (his benefit at full retirement age), not whatever benefit he actually receives when he files. so if his PIA is $2000, your max spousal is $1000 (50%) whether he files at 62, 67, or 70!!!

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Oh! I didn't realize that! So my spousal benefit won't increase if he waits until 70? That definitely changes things in our calculation. If I'll get the same spousal amount regardless of when he files, then waiting just means I miss out on those years of benefits. Thank you for pointing this out!

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The previous commenter is absolutely correct, and it's an important point that's often misunderstood. Your spousal benefit is based on 50% of your husband's Primary Insurance Amount (PIA), which is his benefit at full retirement age - NOT the increased amount he would get by delaying beyond FRA. So from a spousal benefit perspective, there's no advantage to your husband waiting to file beyond his FRA, as your benefit amount won't increase. This is different from survivor benefits, which ARE based on the actual amount he was receiving (including any delayed retirement credits). Given this information, if your financial situation allows it, it often makes mathematical sense for the higher-earning spouse to file at FRA if the other spouse is eligible for spousal benefits only. The exception would be if there are strong reasons to maximize the survivor benefit (e.g., significant age difference or health considerations).

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WAIT!! Make sure you understand how the monthly earnings test works! If your husband will have ZERO earned income after April 4th for the rest of 2025, then he only needs to worry about the monthly limits for March and April. For any month where he earns less than the limit AND is officially retired, he CAN receive benefits! In your case, if he'll exceed the limit in both March and April, then yes, May is his first eligible month. BUT don't delay unnecessarily if he'll be under the limit in April!! BTW Medicare enrollment is separate from SS benefits start date so no issues there.

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This is correct about the monthly test in the first year, but based on the original post, it sounds like the husband will likely exceed the monthly limit in both March and April due to the vacation payout. So May would indeed be the first month of potential eligibility.

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My cousin went through this exact situation last year. Had to change his start date because of the earnings limit. Just call SSA and tell them you want to modify the application to change the start month to May. Shouldn't be a big deal as long as benefits haven't started being paid yet. They told him it happens all the time.

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That's reassuring! I was worried it might be complicated to change the application since it's already been submitted. Good to know it's a common request.

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