Social Security Administration

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Social Security survivor benefits confusion - mother's benefits, student benefits and income limits

Hi everyone, I'm struggling to understand my complicated survivor benefits situation with my kids. My husband passed away several years ago, and we have two children - my oldest just turned 18 last October and is receiving survivor benefits directly until high school graduation this May. My younger child is 13. Currently, the kids split the full 150% family maximum survivor benefit. Social Security told me to apply for "mother's benefits" (I think that's the proper term?) this spring since my 18-year-old graduates soon. They mentioned the same benefit amount would then be split three ways instead of two. Should I apply for this now or wait until closer to graduation? I have so many other questions: 1. Does my 18-year-old need to claim these survivor benefits on her 2024 and 2025 tax returns? 2. About the mother's/caretaker benefits - I work full-time and know earnings over $28,750 reduce benefits $1 for every $2 earned. But is there also a monthly earnings limit? Some people mentioned about $2,470/month but is that just for retirement benefits? 3. My income drops for 2 months during summer but is steady the rest of the year. How do I report these fluctuations to SSA? 4. My employer adds their health insurance premium contributions ($7,500/year) to my W-2 as taxable income. Will SSA count this as "earnings" when calculating benefit reductions even though it's not wages for work I performed? Sorry for the long post! My last attempt calling SSA was a disaster - I had to hang up after waiting 75+ minutes because I couldn't stay on hold while working.

Regarding your question about employer health insurance contributions being counted as income: Unfortunately, if it's included in Box 1 of your W-2 as taxable wages, SSA will count it toward the earnings test. However, there might be a solution. You mentioned these are Marketplace plans - typically employer contributions to Marketplace plans shouldn't be included as taxable income if it's a qualified benefit under a Section 125 cafeteria plan. You may want to speak with your employer's HR department or a tax professional about whether your W-2 is being prepared correctly. If it's being reported incorrectly, getting this fixed could reduce your countable income by $7,500, which would save you about $3,750 in benefits that would otherwise be withheld due to the earnings test ($1 reduction for every $2 over the limit).

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That's incredibly helpful! I'll definitely speak with our HR department. The whole situation seemed odd to me - I don't believe my coworkers have their employer-paid portion added to their W-2 income. It doesn't seem right that health benefits would count as "earnings" for the SSA earnings test. If I can get this corrected, it would make a significant difference in my benefit amount.

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i saw someone else ask about the family max and the worker at ssa told them the max is different for survivors than for retirement! did u know that?? for survivors its like 180% of the basic benefit sometimes not the 150% they usually say

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That's actually correct. The family maximum calculation is different for survivor benefits than for retirement/disability benefits. For survivor benefits, the family maximum is generally 150% to 180% of the deceased worker's basic benefit amount, depending on their earnings record. The exact formula is: - 150% of the first $1,536 of the deceased's PIA (Primary Insurance Amount), plus - 272% of the PIA over $1,536 through $2,218, plus - 134% of the PIA over $2,218 through $2,893, plus - 175% of the PIA over $2,893 So higher earners might have a family maximum closer to 175-180% rather than just 150%. This is why it's so important to have SSA calculate your specific situation rather than relying on general rules of thumb.

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Update: I went to my local SSA office today and spoke with a claims representative. She said my divorce decree plus tax returns should be sufficient evidence, but she also gave me the SSA-754 form mentioned earlier to complete just to strengthen my case. She said as long as my divorce decree specifies the date and length of marriage (which it does), I should be fine. Thanks everyone for your help! Such a relief knowing I'm not the only one who's faced this issue.

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That's great news! Make sure to keep copies of everything you submit, and get the name of any representatives you speak with. If you run into any issues, don't hesitate to ask to speak with a technical expert or supervisor who might be more familiar with the secondary evidence rules. Good luck with your application!

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My neighbor who also gets survivors benefits told me they sometimes do these little adjustments at the beginning of the year or after tax season. Something about recalculations? But the fact that there's no explanation is typical government inefficiency if you ask me!! They expect us to document EVERYTHING but then send random money with zero explanation!

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Yes! The lack of explanation is what bothers me most. I keep excellent records of all my finances, and this random payment with no documentation throws everything off.

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Just to add a bit more clarity - these small adjustment payments are fairly common with survivor benefits specifically. When a person passes away, sometimes there are wage reports or earnings updates that come in months or even a year later. When that happens, SSA automatically recalculates the benefit amount based on the updated earnings record. If the recalculation shows you were owed a small additional amount, they'll issue a one-time payment like you received. For amounts under a certain threshold (I believe it's around $120-150), they often don't generate a letter to save on administrative costs. You could request an official explanation called a "BPQY" (Benefits Planning Query) which would show the exact reason, but honestly for $100 it might not be worth the hassle.

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wow thats super helpful info!! i dont even try to understand how they calculate this stuff anymore lol, its like rocket science

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Thank you for the detailed explanation. That makes a lot of sense. My husband passed away 18 months ago, so this timing would fit with additional wage information being processed. I'll just be grateful for the small windfall!

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@casual_commenter - Yes, Claimyr absolutely works. My call was connected to SSA in under 15 minutes after trying for days on my own. Saved my sanity during my disability application process.

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thx ill try it. need to talk to someone about my application status and im tired of waiting

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@OP - Regarding your question about your Quebec marriage certificate being in French and English: The English portion should be sufficient for SSA purposes. However, if the certificate is predominantly in French with just some English elements, having a certified translation ready might save time. SSA may accept it as is, but they could request a translation if they have difficulty verifying details. Also, since your wife worked in a non-covered position (teacher's aide in a district not participating in Social Security), she may be subject to the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO) if she receives a pension from that employment. This could affect both her own benefits and any spousal benefits. Be sure to mention this when applying.

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I didn't even consider the WEP/GPO implications! Her pension is very small (about $750/month) but we should definitely get clear on how that affects potential spousal benefits. Thank you for mentioning this - it's exactly why I'm glad I asked here before applying.

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Lim Wong

@user7 Yes, Claimyr worked for me after spending weeks trying to get through myself. It's not free, but considering I was spending hours redialing and waiting on hold, it was worth it for me. Managed to finally sort out my spousal benefit situation because of it.

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cool thx might try it. cant take more of this hold music lol

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UPDATE: I called this morning and used the terms you all suggested. Asked specifically about "excess spousal benefits" and "dual entitlement" while keeping my own record. The representative seemed to understand right away! She looked up my case and said there was confusion because I had checked the wrong box on a previous form which made it look like I wanted to switch to spousal benefits completely. She's sending me a new form to fill out, and she made notes in my file about what I'm actually requesting. I also asked to see the calculation once they do it to make sure everything is correct. Thank you all so much for the correct terminology! I feel much more confident now that they understand what I'm asking for.

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That's excellent news! Glad you got someone who understood what you were requesting. Smart move to ask for the calculation too. Once everything is processed, make sure to check your benefit verification letter to confirm the amounts match what you expected.

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My spouse started claiming at 63 while still working part-time, just like you. After two years of additional work, her monthly check increased by about $45/month. Not life-changing but definitely adds up over time!

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careful with the earnings limit!!!!! my brother went over by like $3000 and they took back a bunch of his benefits. big mess to fix

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This is true - the earnings limit is strictly enforced. However, it's worth noting that once you reach your Full Retirement Age, SSA will recalculate your benefit to give you credit for the months they withheld benefits, resulting in a higher monthly amount going forward. So you're not permanently losing that money - it's more like a deferral.

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My cousin filled out the form wrong n said yes when it wasnt her pension and they reduced her benefits by like $600/month!!! Took her 8 months to fix it and get backpay!! Be super careful how u answer!!

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Oh no! That's exactly what I'm afraid of. Did she eventually get it sorted out correctly? Did she have to appeal or anything like that?

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Update for 2025: Just to add some important context, the WEP and GPO rules haven't changed in the recent legislation. The question "are you collecting a pension based on your own employment?" specifically refers to YOUR employment where YOU didn't pay Social Security taxes. The key phrases are "your own employment" and work where "Social Security taxes were not taken out of your pay." Since your situation involves your ex-spouse's employment, not yours, you should answer "No" to this question.

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Thank you for the update! I appreciate everyone's help in figuring this out. I'll answer "No" when I apply and make sure to have all my documentation ready just in case.

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To address some confusion in this thread: 1. You must complete Form SSA-521 for a withdrawal of application 2. You must repay ALL benefits received (including any Medicare premiums) 3. The withdrawal must be completed within 12 months of your entitlement date 4. You can only withdraw once in your lifetime 5. Email is not an official communication method for time-sensitive matters with SSA Once processed, it will be as if you never filed. Your future benefit amount will be calculated based on your age when you actually apply. This is different from "suspending" benefits, which is another option after you reach Full Retirement Age.

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wait u can only do this ONCE ever???? nobody told me that part when i did mine!

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Yes, that's correct. The "one withdrawal per lifetime" rule was implemented in 2010. Before that, some people were using withdrawals and reapplications as an interest-free loan strategy. Now you get only one chance to withdraw.

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If you're still working, this is definitely the right move. Not only will your benefit amount increase by approximately 8% for each year you delay (between FRA and 70), but continuing to work might increase your Primary Insurance Amount by replacing lower-earning years in your calculation. Double benefit! Once you've handled the withdrawal paperwork, I'd recommend scheduling a benefits planning session with SSA when you're about 6 months from your actual retirement date. They can help you coordinate everything properly.

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Thank you! I didn't even think about how working longer would increase my benefit. I'm going to complete that withdrawal form today and try to get through to an agent for guidance on next steps. Really appreciate everyone's help!

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Just wanted to follow up that after someone above asked - yes that Claimyr service I mentioned really does work. I was skeptical too, but after spending literally 6+ hours trying to reach someone about my father's death benefits, I was desperate. Got connected in about 8 minutes. The agent said they're seeing huge call volumes right now, which explains why it's so hard to get through the normal way.

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I WISH I knew about this last year when dealing with my husbands death!!! spent half my life on hold with ssa

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After you become the representative payee, make sure you keep good records of how you spend the benefit money. The SSA requires an annual accounting, and they can audit you. Open a separate bank account for the benefit money if possible - it makes tracking much easier. The money should be used for your niece's food, housing, clothes, education, medical needs, and recreation. Also, when your niece turns 17, start planning for the benefit end date. Many families don't prepare for this cut-off and it can cause financial strain.

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This is really good advice about the separate bank account - I hadn't thought about that. We'll definitely set one up to keep everything organized and transparent. And thank you for the heads-up about planning for the end date. Four years seems like a long time, but I'm sure it will go by quickly.

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One more important point about your Roth conversion strategy: remember that the SECURE 2.0 Act changed some RMD rules, which might affect your long-term planning. Starting in 2024, RMDs now begin at age 73 (up from 72), and in 2033, they'll start at age 75. This gives you more flexibility for Roth conversions before mandatory withdrawals kick in from your traditional accounts.

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Mei Lin

wait I thought RMDs started at 70 1/2?? when did this change??

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just to clarify I said 2023/2024 earlier but I mean't 2022/2023... I have covid brain fog today lol

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