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My cousin has MS and sells jewelry sometimes while on disability. She says the TWP isn't your friend!! Once you use those 9 months up (which happens FAST if ur not careful), any month over the SGA limit can mess up your benefits. And disability doesn't care if it was just a one time sale - ur either over or under for the month. It's completely unfair for artists who might sell nothing for months and then have one good sale.
This is why it's so important to work with a benefits counselor before making significant income. However, there are work incentives that can help after the TWP, including Impairment-Related Work Expenses (IRWE) and Unsuccessful Work Attempts provisions that many beneficiaries don't know about. Don't avoid earning altogether out of fear - get informed advice for your specific situation.
Just wondering - have you looked into the Ticket to Work program? Since you're viewing your art as potential income, it might qualify under their self-employment track. The program gives you some protection while trying to work, and they provide free employment services. My SSDI counselor recommended it to me when I was in a similar situation with my small business.
I've heard about Ticket to Work but assumed it was only for people who wanted to get off disability completely. I don't think I could ever make enough from my art to replace my SSDI - it's just too unpredictable. But maybe there are still protections that would help in my situation? I'll look into it more.
Dont trust what SSA tells u on the phone!!! I swear they give different answers depending who u talk to. My aunt got told 3 different things about her widows benefits. Get everything in WRITING!!
THIS!!!! I've had the exact same experience. One rep told me I couldn't do what the original poster is asking about at all, then another one said I could. The third one finally seemed knowledgeable but still couldn't give me anything in writing. It's so frustrating how inconsistent they are!!
Based on what you've described, your strategy seems sound. Here are a few additional considerations: 1. If your husband passes before you reach your FRA, you'll need to specifically contact SSA to tell them NOT to automatically convert your benefit to a reduced survivor benefit. 2. Make sure both you and your husband have set up your my Social Security online accounts. This makes managing benefits much easier. 3. Consider what happens if you need to stop working before planned. The earnings test wouldn't apply anymore, but it might affect your overall financial planning. 4. Keep in mind that survivor benefits include a one-time death benefit of $255 (which hasn't changed in decades). 5. If you haven't already, consider consulting with a financial advisor who specializes in Social Security claiming strategies. They can run exact calculations based on your specific benefit amounts. Overall, taking your reduced benefit at 62 and then switching to full survivor benefits at FRA if needed appears to be a reasonable approach given your age difference and life expectancy considerations.
Thank you for these additional points! We do have our my Social Security accounts set up, which has been helpful for planning. I hadn't thought about what happens if I need to stop working earlier than planned - that's definitely something to consider in our overall strategy. A financial advisor specializing in SS claiming strategies is a great suggestion too.
My advice after 15 years dealing with the SSA for my brother's benefits: DOCUMENT EVERYTHING IN WRITING and don't rely on verbal guidance! I can't tell you how many times we were told something was fine over the phone only to have problems later because there was no record of that conversation. Send everything certified mail with return receipt and keep copies of EVERYTHING. And yes - report the activity. Not because you have to, but because it protects you if questions come up later. You can show you were transparent from the beginning.
One more important point: make sure you're clear about which type of benefits your son receives. You mentioned DAC (Disabled Adult Child) benefits from his mother's record, which are Title II benefits (sometimes called SSDI). These are different from SSI (Supplemental Security Income), which has much stricter income and resource limits. For DAC benefits, the primary concern is whether he's engaging in Substantial Gainful Activity (SGA). Since he's not earning income from this activity, it's unlikely to affect his benefits, but as others have mentioned, documenting everything and potentially reporting it is a good idea for transparency. I've helped many families navigate these waters, and in your situation, I recommend: 1. Keep detailed records of all sales, expenses, and donations 2. Consider sending a letter to your local SSA office describing the activity 3. Focus on the therapeutic/social aspects of the activity in your documentation 4. Keep the business funds completely separate from personal funds Regarding forming a nonprofit - this adds significant administrative burden without necessarily providing additional protection for his benefits. A simpler approach might be to partner with the existing animal shelter as a program under their nonprofit umbrella.
The SSA will calculate the family maximum and individual benefit amounts when you apply - you don't need to figure it out yourself. They'll provide benefit determinations showing exactly what each person will receive. If your husband is still living, you might consider contacting SSA now to get an estimate of what survivor benefits might be. This can help with financial planning. Also, be aware that survivor benefits are separate from any final death benefit ($255) or remaining monthly benefits your husband might be owed for the month of death.
This is such a relief. I'll see if we can get an estimate now. And I had no idea about the $255 death benefit - is that automatic or do I need to apply for it separately?
I went through this when my husband died leaving me with 3 kids. SSA processes everything together - they handle the family maximum calculations. At your appointment they'll tell you exactly what each person will receive. For planning purposes, each child is eligible for about 75% of your husband's benefit and you'd get 75% as the caretaker of minor children, but the family maximum will reduce these amounts. In my case, we each got about 60% of what we would have gotten without the maximum.
Same with us!!! My 2 kids and I got hit hard by the family maximum. We only got about 170% of my husband's benefit divided between the three of us instead of 225% (75% x 3) that we would've gotten without the family max. It works out to about 56% each instead of 75%. NOBODY EXPLAINED this to me before I applied!!
A quick update on your situation: you can specifically request what's called a "Statement of Potential Benefits" by completing form SSA-7004 (Request for Social Security Statement). This will give you projections of your retirement benefit separate from your current survivor benefit. Also, each year when you receive your annual benefit statement that shows your current survivor benefit, it should include information about other potential benefits you might be eligible for in the future. Finally, remember that you can switch from survivor benefits to your own retirement benefits at any point after age 62. The ideal switching strategy depends on the relative benefit amounts and your life expectancy.
Thank you so much for this detailed information! I'll definitely request the Statement of Potential Benefits using that form. It's a relief to know there's a specific process for this situation.
Just wondering - did you check your earnings record on your SS account to make sure it's correct? When my estimates disappeared, I later found out there were some missing earnings in my record that would have affected my benefit calculation. Might be worth double-checking while you're sorting this out!
That's a great point! I just checked and it looks like 2022 earnings aren't showing up yet. I'll make sure to verify everything is accurate before making any decisions.
To answer the question about repayment - yes, if SSA determines he received benefits he wasn't entitled to, they will assess an overpayment and he'll have to pay it back. However, if he can prove he accepted the payments in good faith and didn't know he was ineligible, he might be able to request a waiver of recovery of the overpayment. But those are hard to get approved unless there's genuine financial hardship.
Thank you all for the helpful information! I tried calling SSA this morning but couldn't get through after waiting for over an hour. I'll try again tomorrow and might try that Claimyr service if I can't get through. I'm still working and have decent income, so I'm not worried about my own benefits, but it bothers me if he's getting something he's not entitled to. I'll update once I learn more about what's actually going on.
Definitely give us an update! I'm curious what you find out. And yeah, don't waste days trying to get through - that Claimyr service saved me SO much frustration.
I think everyone is making this more complicated than it is lol. Just give her half the business income going forward and pay the taxes. My husband and I did this when I was 56 and I got enough credits for my own benefit by 66. It was better than spousal. Talk to an accountant but it's not that hard.
Thank you all for the helpful advice! I've scheduled a meeting with our accountant for next week to discuss restructuring our payroll. It sounds like it's definitely worth getting my wife on the books properly for these remaining years. I appreciate everyone sharing their experiences and knowledge - this has been really eye-opening for us.
Regarding your most recent question: SSA should have all your earnings history in their system. When you apply, make sure to mention you have a government pension (or will have one) AND that you believe you have 30+ years of substantial covered earnings under Social Security. They should calculate everything correctly, but it doesn't hurt to specifically bring it up. Based on everything you've shared: 1. With 32 years of substantial earnings, you might escape WEP reductions entirely 2. Given your break-even calculation and life expectancy estimate of 82, claiming at 67 is reasonable 3. The zeros on your record from recent years won't negatively impact your benefit (they just don't help increase it) I recommend applying soon if you've done your calculations carefully. Each month you wait past FRA increases your benefit by about 0.67%, but if your break-even math shows claiming now makes sense, then follow your analysis.
Thank you so much for this thorough advice! I think I'm going to go ahead and file next month when I turn 67. I've been so confused about this decision for months, but I feel much more confident now. I'll definitely mention both the government pension and my 32 years of substantial earnings when I apply.
Don't forget about taxes! If your pension + SS puts you in a higher tax bracket, part of your SS benefits might be taxable. Up to 85% of SS can be taxed depending on your combined income. Did you factor that into your break-even analysis?
this is such a good point!! i totally forgot about taxes in my calculations and got a nasty surprise at tax time last year. now i have to make quarterly estimated payments which is a huge pain
Has anyone here successfully gotten approved after being initially denied for MS specifically? I'm curious how long it took and what evidence made the difference. My sister's facing a similar situation with her SSDI application for MS.
While I can't speak to MS specifically, I've seen many clients with progressive neurological conditions succeed on subsequent applications. The key differences in successful cases typically include: 1. More detailed functional assessments (not just diagnosis but specific limitations) 2. RFC forms completed by specialists (Residual Functional Capacity) 3. Evidence of failed work attempts or work accommodations that weren't sufficient 4. Documentation of cognitive impacts, not just physical limitations 5. Testimony from caregivers about assistance needed with daily activities The SSA Blue Book listing for MS (11.09) requires evidence of significant and persistent disorganization of motor function, significant fatigue, or cognitive limitations - having documentation that specifically addresses these areas is crucial.
Diego Flores
Just wanted to add one important thing - if your wife is getting any type of government pension from a job where she didn't pay Social Security taxes (like some teachers, state or federal employees), the Government Pension Offset (GPO) might reduce or eliminate her spousal benefits. My wife was a teacher in Illinois and lost most of her spousal benefit because of this. It's a nasty surprise if you're not expecting it!
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Malik Jackson
•Thankfully that doesn't apply to us - she worked in retail management her whole career and paid into Social Security the entire time. But that's definitely good information for others to be aware of!
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Omar Zaki
One last thing to consider: the spousal benefit increase should be processed automatically, but it's always a good idea to contact SSA directly when you file for your retirement benefits to make sure they're aware of your marital status. Make sure they have your marriage information correctly recorded in their system. Also, your wife might receive retroactive spousal benefits back to the month you first start receiving your retirement benefits, so keep an eye out for that potential lump sum payment as well.
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Malik Jackson
•That's really helpful - I hadn't thought about possibly getting some retroactive benefits. I'll definitely mention our marriage status when I apply just to make sure everything is properly recorded. Thanks for all the great information!
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