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Something nobody mentioned yet: if your ex was the higher earner during your marriage, you might want to consider claiming divorced spouse benefits at 62 (reduced) and then switching to your OWN retirement benefit at 70 (when it will have maximized with delayed retirement credits). This strategy only works in certain situations though.
but shes born after 1954 prolly so she cant do that filing a restricted application thing anymore right?? they changed the rules i think
The previous commenter is partially right - the "file and suspend" and "restricted application" strategies were largely eliminated by the Bipartisan Budget Act of 2015. However, since you're 62 now, you were born in approximately 1963, which means you can't file a restricted application (that option ended for people born after January 1, 1954). When you file for any retirement benefit, you're deemed to be filing for all benefits you're eligible for, and you'll receive the highest amount. So you can't take ex-spouse benefits now and switch to your own later. Still worth getting the specific numbers from SSA to make the best decision for your situation.
QuantumQuest
•Thank you for that clarification! Yes, I was born in 1963, so it sounds like I need to make a more straightforward decision between claiming early (either my own or divorced spouse benefit, whichever is higher) versus waiting until FRA or even 70. I'm going to try to get an appointment with SSA. Sounds like getting accurate numbers is the key to making the right decision.
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not sure if this helps but I had same issue last year. what finally worked was sending a fax (yes a fax in 2025 lol) to the IRMAA processing center with my SSA-44 form and all my docs. got fixed in 2 weeks after months of calling.
Maya Diaz
•Do you happen to remember the fax number you used? I might try this approach too - I'll try anything at this point!
Tami Morgan
One more tip that might help others reading this thread: If you're planning to retire or expect a significant income drop, you can be proactive about IRMAA. File the SSA-44 form as soon as the life-changing event occurs rather than waiting for the IRMAA notice. This often prevents the higher premium from ever being applied in the first place. For those already dealing with an IRMAA issue, persistence is key. Document every contact with SSA (date, time, representative name if possible) and keep copies of everything you submit. If visiting your local office, arrive at least 30 minutes before opening to minimize wait times.
wish i knew this before!! i waited til i got the notice and now im stuck in this mess
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Sean Murphy
One more thing to consider: the lawyer should be willing to withdraw if they don't think they can win your case. Be wary of anyone who promises they can definitely win - honest attorneys will tell you your odds based on your specific situation. Also ask if they'll handle your case personally or if you'll be working primarily with paralegals.
Chloe Harris
•That's good to know. Do you think it's better to use a local attorney who can meet in person or does it not really matter since everything is remote now?
Nia Davis
I forgot to mention: once you hire a lawyer, make sure they get ALL your medical records, not just from specialists. My general doctor had notes about my fatigue and cognitive issues that ended up being crucial evidence. Also, if you've been hospitalized for your condition, those records are extremely important.
Luca Ferrari
•also get statements from family/friends who see ur struggles everyday!! my sister wrote a letter about how she has to help me with basic tasks and the judge mentioned it specifically during my hearing!!
SSI payment amount seems too low at $943 - should I appeal for higher benefits?
Just received my SSI approval letter and I'm really confused about the benefit amount. Starting January, I'll be getting $943 monthly, but that seems way too low considering my situation. I have severe rheumatoid arthritis, COPD, and type 2 diabetes that make working impossible. My rent alone is $1,150 plus utilities running around $200 monthly. I've submitted all my medical documentation and proof of expenses to the SSA office.The caseworker said this is the maximum SSI payment I qualify for based on my resources and disability assessment, but my neighbor with similar health conditions receives almost $1,325 monthly from SSI. Should I file for reconsideration? Do I need additional medical evidence or income documentation? Has anyone successfully appealed their initial SSI payment amount?
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Tasia Synder
My friend's children received benefits when her ex retired, and the big surprise was that her child support was reduced by almost the full amount of the Social Security benefits. The court viewed the SS benefits as essentially replacing part of the child support obligation. She ended up no better off financially, just getting money from SSA instead of her ex. Check with a family law attorney in your state about how this might impact your support arrangement.
Caleb Bell
That's an important point about the child support implications. Our divorce agreement doesn't specifically address what happens if Social Security benefits become available, so we'd probably need to consult with our attorneys about modifying the child support calculation.
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I've been dealing with this exact situation for the past 8 months and it's been DRIVING ME CRAZY!!! The earnings limit is the most confusing thing EVER and the SSA representatives give different answers every time I call!!! I'm so frustrated I can't even tell you. I just wanted to work part-time after starting my benefits but now I'm constantly worried about going over the limit. I've been keeping a spreadsheet of every penny I earn and I still don't know if I'm doing it right!!! Does anyone know if they count your gross wages or after-tax? And do employer contributions to health insurance count toward the limit??? NOBODY AT SSA WILL GIVE ME A STRAIGHT ANSWER!!!!
Malik Davis
•They count gross wages before any deductions for taxes, insurance, etc. Employer contributions to health insurance or retirement plans don't count toward the earnings limit. Only your actual wages count. And I understand your frustration. The earnings test is one of the most complicated aspects of Social Security to navigate.
Thanks everyone for the responses! This is clearer now. So for 2025 (my first year on benefits), I'll keep track of both my monthly earnings to stay under $1,860 for months I want full benefits, but also watch my annual total. And I'll definitely keep good records for when I file taxes next year so there are no surprises.
That's exactly right. And remember that if you do exceed the annual limit, SSA doesn't necessarily require you to write them a check. They typically withhold future benefit payments until the overpayment is recovered. They'll notify you in advance about any adjustments to your benefits.
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so did it come thru yet??
Mateo Lopez
•Yes! It finally showed up around 3pm today. Looks like everyone was right about the first payment sometimes taking longer. Such a relief! Thanks to everyone for the reassurance and advice.
I had something similar happen last year but it wasn't my first check it was after I changed bank accounts. Honestly the whole Social Security direct deposit system seems really outdated compared to other places. My son gets paid direct deposit from his job and it ALWAYS hits at exactly midnight on payday no matter what. Why can't SS be that consistent?? Anyway I'm on SSDI not retirement but I think they use the same payment system. Good luck with everything!
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i hate to say it but i think ur overthinking this. just take the money when u need it. all these complicated strategies... who knows if any of us will even be alive at 80?? my neighbor waited till 70 and passed away 4 months later. all that waiting for nothing!!
Yara Khoury
•While that's a valid perspective, it's important to recognize this is highly individual. If someone has longevity in their family and is in good health, waiting can mean tens of thousands more in lifetime benefits. It's insurance against outliving your money. There's no one-size-fits-all answer.
AstroAlpha
Thank you all for the responses! I think I'm going to try to talk to a Social Security rep directly about my specific situation. Then I'll probably wait until 70 to maximize my benefit since I'm fortunate enough to have some savings to tide me over. It's disappointing that the restricted application strategy isn't available to me, but I appreciate understanding my actual options clearly now.
Amina Bah
•That's a wise approach. One more thing to consider - if your ex passes away before you, you would be eligible for survivor benefits equal to 100% of his benefit amount (or reduced if taken before your FRA). In that unfortunate scenario, you could take the survivor benefit and still switch to your own at 70 if it's higher. Survivor benefits have different rules than spousal/divorced spouse benefits.
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Update: I called SSA today (finally got through!) and confirmed that since this would be my first year working while receiving benefits, I do qualify for the grace year provision. The rep said as long as I stay under the annual limit for 2024, I won't be penalized for going over in certain months. She also confirmed that for 2025, I'll be subject to the regular limit from January-May, and then NO limits once I reach FRA in June. She couldn't tell me the 2025 limits yet but said they should be announced around mid-October with the COLA. Thank you all for your help - this community is amazing!
Ali Anderson
•That's great news! I'm glad you got confirmation about the grace year provision. That gives you much more flexibility for the rest of 2024. And yes, once you hit your FRA month in June 2025, you can earn as much as you want with no impact on your benefits. Congratulations on getting closer to that milestone!
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Luca Greco
when my grandpa died my grandma got his SS instead of hers because his was higher. its called something like maximum benefit rule? might be different with the pension thing tho
You're thinking of the right concept, but it works a bit differently. Normally, a surviving spouse can receive up to 100% of the deceased spouse's benefit if it's higher than their own retirement benefit. However, in this case, the GPO (Government Pension Offset) rule comes into play because the surviving spouse has a non-Social Security pension. This specifically affects government workers who didn't pay into Social Security. The GPO will reduce any survivor benefits by 2/3 of the pension amount. So while the principle of getting the higher benefit applies, the pension offset will likely eliminate most or all of the potential survivor benefit in this specific situation.
Thank you everyone for your helpful responses. I spoke with my friend today and explained what I've learned here. He's going to apply for the survivor benefits anyway, just to make sure he doesn't miss out on anything he might be entitled to, even if it's just the $255 death benefit. I'll help him use the Claimyr service to get through to SSA without spending hours on hold. It's disappointing that the GPO will likely eliminate any monthly survivor benefit, especially since his wife contributed to Social Security her entire working life. But at least now he understands how the system works and what to expect. I really appreciate everyone taking the time to share your knowledge and experiences during this difficult time.
Sean Kelly
•You're being a good friend. Another thing to consider - if your friend ever worked enough in jobs covered by Social Security (at least 10 years/40 credits), he should also check if he qualifies for his own Social Security retirement benefit. The Windfall Elimination Provision (WEP) might reduce it, but it's calculated differently than the GPO and he could potentially receive something.
Isabella Costa
my sister went thru this exact thing last summer. she didnt want anything from her ex either. she had to talk to three different ppl at ssa before someone knew how to handle it. keep trying until u get someone who knows what there doing.
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Amina Bah
•That's frustrating but good to know I'm not alone in this. I'll keep trying until I find someone who can help properly.
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Natasha Orlova
Just as a follow-up, I checked with a colleague who used to work for SSA. The best approach is to put your request in writing. Write a letter clearly stating: "I wish to restrict the scope of my Social Security retirement application to benefits on my own record only. I am knowingly declining any additional benefits I may be eligible for on my ex-spouse's record." Include your Social Security number, date of birth, and contact information. Send it certified mail to your local office, and also bring a copy if you have an in-person appointment.
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Amina Bah
•This is EXACTLY what I needed! Thank you so much for getting that specific language. I'm going to prepare this letter immediately and send it certified mail as you suggested.
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