I'm so sorry for your family's loss. This situation is unfortunately more common than it should be. As someone who has dealt with SSA bureaucracy, I wanted to add a few things that might help your sister-in-law: 1. If she has any hospital records from when the baby was born that show your brother's name as the father, those can be very powerful evidence since they're created at the time of birth. 2. Consider checking if your brother had any life insurance policies through work that listed the baby as a beneficiary - this documentation often gets accepted. 3. Bank statements showing your brother made deposits or payments for baby-related expenses can also help establish the father-child relationship. The key is to bring multiple forms of evidence rather than relying on just one document. SSA representatives seem to feel more confident approving claims when they see a "pattern" of evidence rather than a single piece of documentation. Also, if possible, try to schedule the appointment for earlier in the day when the staff is less overwhelmed and more likely to take time to properly review everything. Best of luck to your family!

I work for a nonprofit that helps families navigate SSA claims, and this situation is unfortunately becoming more common. Here's what I'd recommend your sister-in-law do immediately: 1. Request a supervisor review at the SSA office - don't accept "no" from the first representative 2. Bring a comprehensive packet including: marriage certificate, birth certificate, health insurance documents, tax returns showing the child as a dependent, and any photos/social media posts of your brother with the baby 3. Specifically ask them to apply the "marital presumption of paternity" under your state's inheritance laws If they still deny it, she should file Form SSA-561 (Request for Reconsideration) within 60 days. Also, consider contacting your local congressman's office - they often have staff who specialize in helping constituents with federal agency issues like this. The fact that they were married when the child was born should absolutely be sufficient under federal regulations. This sounds like an overzealous claims representative rather than proper policy application. Don't give up - your nephew is entitled to these benefits!

Your strategy is sound, and it's great that you're planning ahead! One thing I'd add to the excellent advice already given: consider requesting a formal benefit estimate in writing from SSA that specifically outlines your survivor benefit options. When you visit the local office (as Katherine suggested), ask them to document not just your current benefit amounts, but also what your survivor benefit would be at different claiming ages. Also, since you mentioned your husband is 74 and already collecting, make sure you both understand how his benefit amount could change if he decides to suspend and restart at a later age (though this becomes less advantageous the older he gets). This probably won't affect your strategy, but it's worth confirming. One last thought: have you considered consulting with a fee-only financial planner who specializes in Social Security strategies? Even a one-time consultation could help validate your calculations and potentially identify any scenarios you haven't considered. The peace of mind might be worth the cost given the complexity of your situation.

Yes, there are financial planners who specialize specifically in Social Security optimization! Look for advisors who hold certifications like RSSA (Registered Social Security Analyst) or NSSA (National Social Security Advisor). The National Association of Registered Social Security Analysts has a directory on their website where you can search by location. You can also check the XY Planning Network or NAPFA (National Association of Personal Financial Advisors) websites - both have search filters that let you find fee-only planners who specialize in Social Security strategies. A good Social Security specialist should be able to run scenarios using software that models different claiming strategies and can factor in variables like your part-time income, tax implications, and life expectancy assumptions. They typically charge anywhere from $300-800 for a comprehensive Social Security analysis. One thing to ask any planner you're considering: make sure they're up to date on the current rules around survivor benefits and deemed filing exceptions, since these rules have changed several times over the past decade and some advisors may not be current on all the nuances.

While your father's retirement benefits will be suspended during incarceration, it's important to know that some programs like SSI have different rules than regular Social Security retirement. With SSI, benefits can be suspended for up to 12 months before termination, but with traditional retirement benefits, they're just suspended and can be reinstated after release regardless of how long the incarceration lasts. Make sure you're applying for reinstatement as soon as possible after release. Also, if your father was receiving any other benefits like food stamps, housing assistance, etc., those all have different rules during incarceration. Each program requires separate notification for reinstatement.

Thanks everyone for the helpful responses. I feel much better prepared now. To summarize: his benefits will be suspended (not terminated), we need to get them reinstated right after release with proper documentation, and I should plan for 2-3 weeks without income after his release while SSA processes everything. I should also figure out how to handle his Medicare premiums while he's incarcerated. I'm going to look into getting power of attorney so I can help manage all this while he's inside.

To clarify a key point that comes up frequently in these discussions: the taxation of Social Security benefits and the earnings test are two completely separate concepts: 1. The earnings test only applies BEFORE Full Retirement Age and can reduce your benefits if you earn over certain limits. 2. Taxation of benefits can apply at ANY age and is based on your combined income (AGI + nontaxable interest + half of SS benefits). Reaching FRA eliminates the earnings test, but doesn't impact taxation. Many beneficiaries confuse these two distinct policies. It's also worth noting that these tax thresholds ($25,000/$34,000 for singles) haven't been adjusted for inflation since they were introduced in 1984, so they affect more beneficiaries each year.

As someone who just went through this transition myself, I completely understand your confusion! The distinction between the earnings test and taxation is one of the most misunderstood aspects of Social Security. You're absolutely right that your benefits won't be reduced for working at FRA, but unfortunately the taxation is a separate issue entirely. Based on your numbers ($32K work income + ~$14,700 which is half your annual SS), you'll likely have around 85% of your Social Security benefits subject to federal income tax. One thing that helped me was requesting tax withholding directly from my Social Security payments using Form W-4V. Since you're still working and probably having taxes withheld from your paycheck, you might want to adjust your withholding there instead to account for the additional tax on your SS benefits. Also, since you're in accounting, you might already know this, but don't forget that you can still contribute to retirement accounts while working - even traditional IRAs if you meet the income requirements. This could help reduce your taxable income and potentially lower the amount of SS benefits subject to tax. The whole system definitely feels like a bait-and-switch sometimes, but at least you're still coming out ahead financially by continuing to work!

Update: I finally got through to someone at SSA after being on hold for 2 hours. They said my provisional payments should start within the next 2-3 weeks and that my case has been assigned to an examiner for review. Feeling a bit relieved but still worried about making it until then. Thanks everyone for the advice and support!

That's such great news! I'm so happy you finally got through to someone who could give you actual information. 2-3 weeks for provisional payments sounds much more reasonable than what some people are experiencing. Make sure to keep that reference number or case number from your call if they gave you one - it can help speed things up if you need to call again. You've been through the hardest part already by getting all your paperwork submitted quickly. Hang in there, you're almost through this nightmare!