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my friend says if u were married less than 10 years u get less. but i think thats for divorce not death???
Your friend is confusing different benefits. The 10-year marriage requirement is for divorced spouse benefits (both regular and survivor). For widow/widower benefits after a death, there's only a 9-month marriage requirement in most cases. For the original poster: Since you were married for 15 months before your husband passed away, you satisfy the duration requirement for full widow benefits at your FRA.
I called SSA again this morning and spoke with a different representative. They confirmed what most of you said - I'm eligible for 100% of my husband's benefit at my FRA regardless of what his ex-wife may receive. They explained the first representative confused spousal and survivor benefits rules. They also confirmed our 15-month marriage satisfies the 9-month requirement. I'll be able to choose between my own retirement benefit or the survivor benefit, whichever is higher. I'm so relieved and grateful for everyone's help here! It's frustrating to get incorrect information that caused me unnecessary worry.
Glad you got it sorted out! One more tip: when you approach your FRA, consider whether you want to: 1. Take your own retirement benefit now and switch to the survivor benefit at your FRA OR 2. Take the survivor benefit now and switch to your own retirement benefit later (up to age 70) if your own benefit would grow to be larger Unlike regular retirement benefits where you must take both benefits at once, with survivor benefits you can switch between your own and the survivor benefit to maximize your lifetime payout. This is one of the few remaining "claiming strategies" still available after the 2015 law changes.
That's such great news! I'm so sorry you had to go through that stress and confusion during an already difficult time. It's really unfortunate how inconsistent the information can be from SSA representatives. I'd recommend keeping detailed notes from this second call, including the rep's name and employee ID if they provided it. That way if any questions come up later, you'll have documentation of the correct information you were given. Sometimes it helps to have that paper trail when dealing with government benefits. Wishing you the best as you navigate this process!
I'm a social worker who helps families navigate SSA issues, and I want to emphasize something important that hasn't been fully addressed yet - the timing of when your son turned 18 versus when the overpayment period began. Since your son was still a minor in April 2023 when the overpayment allegedly started, there's a strong argument that he cannot be held responsible for payments made while he was under 18. Minors have legal protections specifically because they cannot be expected to understand complex benefit rules or monitor their parents' medical status. I'd recommend adding this to your waiver documentation: highlight that he was 17 years old when the overpayment began and had no legal capacity to understand or act on information about his mother's disability status even if he had somehow received it. Also, make sure to document his current financial situation thoroughly - full-time student status, part-time income, basic living expenses. SSA considers educational expenses as legitimate financial hardship factors. Include documentation of tuition, books, transportation, and any other school-related costs. The fact that you're helping with some expenses actually strengthens the hardship argument rather than weakening it - it shows his income alone isn't sufficient to cover basic needs, let alone an $8,000+ debt.
This is incredibly helpful information, thank you! I hadn't even thought about the legal protections for minors aspect. You're absolutely right - he was only 17 when this supposedly started in April 2023. I'm definitely going to add this angle to our documentation. It seems crazy that they would try to hold someone financially responsible for decisions made when they were legally a minor and had zero knowledge of their estranged parent's medical status. Quick question - when you mention documenting educational expenses, should I include things like his laptop, school supplies, and even the gas money for his commute to campus? I want to make sure I'm being thorough but also reasonable in what I include as legitimate student expenses. Also, do you think it would help to get a letter from his school counselor or financial aid office confirming his full-time student status and financial need?
Yes, absolutely include all those educational expenses! Laptop, school supplies, gas/transportation costs, even parking fees if he pays them - these are all legitimate educational expenses that SSA recognizes. Also include any lab fees, technology fees, or other mandatory school costs beyond just tuition. A letter from the school's financial aid office would definitely strengthen your case. They can confirm his full-time enrollment status, any financial aid he's receiving, and potentially speak to his demonstrated financial need. Some schools will even provide a letter outlining typical student living expenses for your area. One more thing to consider adding - if your son has had to reduce his work hours to maintain full-time student status, document that too. SSA understands that full-time students often can't work as many hours as they might otherwise need to support themselves. The minor protection angle is really strong in your case. I've seen similar situations where SSA dropped overpayment claims entirely once the minor status during part of the overpayment period was properly highlighted. Make sure that point is front and center in any additional documentation you submit.
I went through something very similar with my daughter about two years ago when she was hit with an $11,000 overpayment demand after her father's disability status changed. The whole experience was a nightmare, but I wanted to share what ultimately worked for us. First, the minor protection argument that GalaxyGuardian mentioned is absolutely crucial - we emphasized heavily that our daughter was 16-17 during most of the overpayment period and legally could not have been expected to monitor her father's medical status or understand the implications. This seemed to carry significant weight with the decision makers. Second, we discovered that SSA has an internal policy about "equitable relief" for cases where their own administrative delays contributed to the problem. In our case, they had determined the medical improvement months before they stopped the payments, but never notified us. We argued that their delay in stopping payments made the overpayment worse than it should have been. The waiver was initially denied, but we appealed with additional documentation including school transcripts, financial aid records, and a detailed breakdown of all educational expenses. We also got a statement from her college confirming that maintaining full-time status required limiting work hours. The appeal was successful - they ultimately waived about 85% of the overpayment and put her on a $25/month payment plan for the remainder. Don't lose hope if the initial waiver is denied. The appeals process really does work when you have a strong case like yours. Your son being a minor for part of the period and having no contact with his mother creates a very compelling "without fault" argument. Keep fighting this - they absolutely should not be able to financially devastate a college student over their own administrative failures.
Great question! As a fellow SSDI recipient who works part-time, I can confirm that PTO absolutely counts toward SGA when you actually use it and receive payment. The key thing to remember is that SSA looks at when you're PAID, not when you earned the time off. Here's what I've learned from my own experience: spreading out your PTO usage across multiple months is definitely the safest approach. Since you're already at $1,200/month with regular hours, using all 30 PTO hours at once would likely push you over the $1,550 SGA limit for that month. A few practical tips: - Keep detailed records of ALL income including PTO payments - Consider using just a few PTO hours each month to stay comfortably under the limit - Remember that going over SGA for one month isn't an automatic benefit termination, but it's still risky - If you haven't used all 9 Trial Work Period months yet, you have some flexibility The most important thing is to stay in communication with SSA about your work activity. I report my earnings every month through their online portal to avoid any surprises. Better to be overly cautious than risk your benefits!
Thank you for sharing your experience! Your approach of reporting earnings monthly through the online portal sounds like a smart way to stay on top of things. I'm curious - when you report through the portal, do you include projected PTO usage or just report it when you actually take the time off? I want to make sure I'm being as transparent as possible with SSA about my work activity, especially since I'm planning to spread out my PTO usage over several months now.
I've been dealing with similar PTO questions for years! One thing that really helped me was creating a simple spreadsheet to track my monthly earnings including any PTO usage. I calculate my projected monthly total BEFORE taking any PTO to make sure I won't go over the SGA limit. Also wanted to mention that some employers are flexible about PTO policies for employees with disabilities. I was able to work with HR to cash out small amounts of PTO periodically (like 4-5 hours per month) rather than taking large chunks of time off. This keeps me safely under the SGA limit while still allowing me to use my earned benefits. If your employer offers this option, it might be worth exploring. Just make sure any PTO cash-outs are properly documented on your pay stubs since SSA will want to see exactly when and how much you received.
This is really helpful advice about working with HR on PTO policies! I never thought about asking if I could cash out small amounts periodically instead of taking time off. That sounds like it would give me much more control over staying under the SGA limit each month. Do you know if there are any tax implications to cashing out PTO versus using it as time off? I want to make sure I understand all the angles before I approach my HR department about this option.
This is exactly why I love this community! Seeing how everyone has jumped in to help explain what could have been a really confusing situation is amazing. As someone who's dealt with Social Security for years (my mom went through disability benefits), I can confirm that these differential payment situations are totally legitimate but often catch people off guard. The key thing that stands out to me is that SSA initiated contact with you - that's actually a really good sign that this is a straightforward entitlement issue, not some kind of mistake or scam. When their system flags these potential benefit adjustments, they're usually pretty accurate. One small tip for when you go to the school: bring a copy of your daughter's Social Security number along with the student ID number, just in case they need it for their records. Some schools ask for both when completing these forms. Also, if the main office seems unfamiliar with Form 1372, ask specifically for someone in student services or records - they're usually the ones who handle these post-graduation benefit verification requests most frequently. Really hoping this works out well for you and your daughter gets the additional benefits she's entitled to! Please do update us when you hear back from SSA.
This is such great advice, especially about bringing both the student ID and Social Security number! I hadn't thought about that but it makes total sense that different schools might have different requirements for their records systems. It's also really reassuring to hear from someone with experience dealing with Social Security that the fact they initiated contact is a positive sign. I was definitely second-guessing whether this was legitimate, but all these responses have convinced me it's worth pursuing. Thanks for the practical tip about asking for student services if the main office isn't familiar with the form - that could save me a lot of time and confusion tomorrow!
Just wanted to chime in as someone who works at a high school - we absolutely keep attendance records for years after graduation and handle Form 1372 requests regularly! Don't worry about it being awkward to contact them. We literally have a standard process for this because it comes up all the time with Social Security benefits, veterans benefits, insurance claims, etc. When you go in, they'll probably just need your daughter's full name, graduation year, and student ID if you have it. Most schools can complete the form while you wait since it's just verifying dates of attendance. The records department deals with these requests so frequently that they'll know exactly what SSA is looking for. Also, don't feel bad about not knowing these benefit rules - the differential payment system is genuinely confusing and not well-explained to families. You're doing the right thing by following up on this!
Amina Diallo
Thank you all SO much for these insights. I'm learning toward waiting until my FRA now to avoid the headache of documentation and possible disputes with SSA. But if I do decide to claim early, I'll definitely: 1. Get professional advice about structuring my practice 2. Set up meticulous documentation of all work hours 3. Create clear boundaries showing reduced work schedule 4. Use that Claimyr service to actually speak with someone at SSA before making my decision Never realized what a complicated mess this would be as a self-employed person. The SSA publications make it seem much simpler than it actually is in practice!
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Emma Wilson
•That sounds like a prudent approach. One final recommendation: regardless of when you claim benefits, consider a consultation with a financial advisor who specializes in Social Security claiming strategies. Sometimes the optimal claiming age isn't obvious and depends on your overall financial situation, health status, and life expectancy. The few hundred dollars for specialized advice could potentially translate to tens of thousands in lifetime benefits.
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Jason Brewer
As someone who's been through the self-employment SS claiming process, I'd strongly recommend creating a detailed work log NOW, even if you don't claim for another year or two. I wish I had started documenting earlier - SSA wanted records going back months when I applied. For your therapy practice specifically, track: actual client session hours, documentation/notes time, insurance billing hours, and any administrative work. Also note when you're genuinely "off" - weekends, evenings, vacation days. This creates a clear picture of reduced work activity that SSA looks for. One thing that helped me was establishing set office hours (like 9-3, M-Th only) and sticking to them religiously. It shows intentional retirement from full-time work, not just temporary reduced income. Your gradual client reduction plan over 4-5 years could work well if properly documented as a retirement transition rather than just business fluctuation. The burnout factor is real - sometimes the peace of mind from claiming early (even with reduced benefits) outweighs the financial optimization of waiting. Just make sure you understand exactly what you're getting into with the earnings test compliance.
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Sophia Bennett
•This advice about documentation is spot-on! I'm actually going to start implementing this immediately. The set office hours idea makes so much sense - right now my schedule is all over the place which definitely doesn't scream "transitioning to retirement." For the work log, should I be tracking things like time spent reviewing treatment notes between sessions or phone calls with insurance companies? I'm trying to figure out how granular to get with the documentation. Also, did SSA seem to understand the difference between direct client contact time versus all the behind-the-scenes work that goes into running a therapy practice? Starting this a year early seems smart given how thorough they apparently are with self-employed applicants!
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Sophie Duck
•This documentation advice is gold! I'm definitely starting a detailed work log immediately - wish I'd thought of this sooner. The structured office hours approach makes perfect sense too. Currently I'm all over the map with appointments which probably looks like full-time work to SSA. Quick question about the record-keeping: should I be documenting unpaid time like treatment planning between sessions, or just focus on billable hours? And did SSA understand the complexity of therapy practice when reviewing your records, or did you have to educate them about all the non-client work that goes into running a practice? Starting this documentation a year early seems like the smart move given all the stories about SSA scrutiny of self-employed claims!
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