Social Security Administration

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Wow, thank you all for the helpful responses! I feel like I understand the basics now - we'll get separate checks based on our own work records. The points about the earnings test and tax implications were things I hadn't even considered. I think our next step will be to sit down with our tax advisor to figure out the tax angle, and maybe use that Claimyr service to connect with SSA directly about how the earnings test might affect my wife if she claims while still working. It's a relief to know there's no benefit reduction just because we're married. Really appreciate everyone taking the time to explain!

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That's a good plan. One more thing you might want to ask the SSA about is how survivor benefits would work. If either of you passes away, the surviving spouse can switch to the higher of the two benefit amounts. This is why sometimes it makes sense for the higher earner to delay claiming as long as possible - it could mean a higher survivor benefit later on.

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dont forget social security gets a cola raise most years my parents got like 3.2% more this year i think better than nothing lol

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One thing your brother might want to consider is putting some of that inheritance into an ABLE account if he qualifies (his disability must have begun before age 26). ABLE accounts let people with disabilities save money above resource limits without affecting benefits. But again, this is more important for SSI recipients than SSDI.

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I looked into ABLE accounts last year. They're great but that age 26 requirement is so frustrating! My disability started at 32 so I couldn't qualify. Wish they would change that restriction.

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Nia Davis

To summarize for anyone else who finds this thread: - SSDI: No asset limits. No limits on unearned income (inheritance, investments, gifts, lottery). Only limits on earned income from working. - SSI: Strict asset limit of $2,000 for individuals. Almost all income, earned or unearned, can reduce benefits. I've seen this confusion cause so much unnecessary stress for people. The programs have similar names but completely different rules.

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Thank you for this clear summary! I'll share all this information with my brother. Such a relief to know he can accept his inheritance without worrying about his SSDI benefits.

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Something else to consider - if your mom has Medicare and gets Extra Help with prescription costs or has Medicaid coverage, marriage could affect those benefits since they're income-based. The survivor benefits won't change, but household income calculations for other programs might. Just something to be aware of.

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Good point! I should have mentioned this. Income-based benefits like Extra Help, MSP, and Medicaid could be affected by marriage since the new spouse's income would count toward household income. Definitely worth checking with the appropriate agencies before the marriage.

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Thank you all so much for the helpful information! I just talked to Mom and she's incredibly relieved. She was actually considering postponing the marriage because of the financial concerns, but now she feels comfortable moving forward. She does have some Extra Help with her Medicare Part D, so we'll look into how that might be affected. I'm going to help her schedule an appointment with SSA to confirm everything for her specific situation. I really appreciate everyone taking the time to share your knowledge!

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my friend just got her exhusbands ss and she had to have birth certificate. they made her show everything marriage divorce the works

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Thanks for sharing. Sounds like I definitely need to get that birth certificate!

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One more thing to consider - make sure your ex is actually eligible for Social Security (either currently receiving benefits or eligible to receive them). You can only claim ex-spouse benefits if they're eligible, and you'll need to know their Social Security number or date of birth when you apply. Also, since you mentioned you're 66, that means you're at or very close to your full retirement age (FRA), which is good timing for ex-spouse benefits.

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Yes, my ex is already collecting his retirement benefits - he's 68 now. And you're right about my age, I waited until my full retirement age specifically because I read that was the best time to file for divorced spouse benefits. I just wish the documentation part wasn't so complicated!

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If you're going to lose most of your benefits anyway due to the earnings test, AND you plan to continue working for 3-4 more years, it might actually make more sense to suspend your benefits now and restart them later. By claiming at 67 (your FRA) instead of 63, you'd get approximately 33% more in monthly benefits for the rest of your life. Plus, you'd avoid the hassle of the earnings test completely. You can contact SSA within your first 12 months of entitlement and withdraw your application (Form SSA-521). You'd have to repay benefits received, but then it would be as if you never claimed.

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Yuki Ito

That's exactly what I'm now considering. Is there a penalty for withdrawing my application? And if I withdraw, can I still claim spousal benefits on my husband's record in the meantime? He's 67 and already collecting his retirement.

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There's no penalty for withdrawing your application within the first 12 months, but you can only do this once in your lifetime. Regarding spousal benefits - if you withdraw your retirement claim, you could potentially file for spousal benefits only, but there are complications: 1. You're subject to deemed filing rules if you're under FRA 2. Spousal benefits would still be reduced for claiming before your FRA 3. Spousal benefits would still be subject to the same earnings test At 63, you'd get approximately 35% of your husband's PIA as a reduced spousal benefit (instead of 50% at your FRA). And with your income level, most or all of these spousal benefits would still be withheld due to the earnings test.

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Yuki Ito

Thank you for this detailed explanation. Sounds like there's no real advantage to claiming spousal benefits either while I'm still working at this income level. I think I'm going to call SSA tomorrow about withdrawing my application. Better to get my full benefit amount at 67 than deal with all these complications now.

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@user8 It's called the Windfall Elimination Provision (WEP), along with the Government Pension Offset (GPO). These are the provisions being phased out over the next decade. But they're being reduced gradually, not eliminated immediately. 10% reduction in 2025, 20% in 2026, and so on until fully eliminated in 2035. @yourusername If you can't find the marriage certificate, you should request a certified copy from the county clerk's office where they were married. SSA typically requires official documentation and may not have marriage records in their system. They need to verify both the marriage and that it remained valid until your father's passing.

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Thank you! I'll reach out to the county clerk's office this week. Mom's memory isn't great since Dad passed, but I think they got married in Sullivan County. I really appreciate all the helpful advice everyone has shared.

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i don't understand why this is so complicated lol. just call social security and tell them ur dad died and see what they say. my grandpa died and my grandma got his social security check the next month, it was automatic

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It's complicated because both parents worked in jobs with government pensions (teaching) that didn't pay into Social Security, but also had jobs that did pay into Social Security. The WEP/GPO provisions (which are being phased out) created special rules for these situations. Your grandparents' situation was likely more straightforward if they both worked in jobs that consistently paid into Social Security their entire careers.

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yeah she got the money but took like 5 weeks after fixing the problem. keep ALL paperwork they send you

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One final note: make sure when you speak with RRB that you specifically ask about the

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just want 2 add something i just remembered - my friend tried to talk to SS about this and they told her something about a "special monthly rule" for the year u start benefits or the year u retire. has anybuddy heard of this? something about if u make under a certain amount in a month they might not take out $ even if ur yearly income is over the limit??

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Yes, that's correct! It's called the Monthly Earnings Test. In the first year you receive benefits, SSA can use a monthly test rather than the annual test. So even if you earn over the annual limit, you can receive benefits for any month you earn under the monthly limit (which is the annual limit divided by 12). This can be very helpful in the year you start benefits or the year you retire. Good catch!

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Thank you everyone for all this helpful information! I think I'm going to go ahead with my plan to claim survivors benefits at 64 while continuing to work, understanding that: 1) Yes, they'll reduce my benefit now due to early claiming and the earnings test 2) The earnings test will completely disappear at my FRA 3) I'll get some adjustment at FRA for completely withheld months, but not a full payback 4) I can let my own retirement benefit grow until 70 which might be the better long-term strategy I really appreciate all the insights and personal experiences shared here. Social Security decisions are so complicated, and it helps to hear from others who've been through it!

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sounds like a smart plan! thats what im doing 2. its nice to get SOMETHING now even if its reduced. and then when we hit FRA we get more and can decide about our own benefits! good luck!

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I want to add an important clarification since I see some confusion in other responses. If you're already receiving survivor benefits and switch to your own retirement benefits, you CANNOT switch back to survivor benefits later. This is a permanent decision. This is why getting accurate information before making the switch is so critical. However, if you're receiving your own retirement benefits first, you CAN switch to survivor benefits later if your spouse passes away. The rules are asymmetrical. Also, the maximum retroactive benefits for retirement claims is 6 months, and only if you're past Full Retirement Age. So even if you discover that your own benefit would have been higher all along, you can only receive a maximum of 6 months of retroactive payments for the difference.

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Thank you for this critical information. I had no idea the switch was permanent - that makes it even more important that I get accurate information before making any changes. Is there any exception to this rule, or once I switch from survivors to retirement, that's absolutely final?

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This is EXACTLY why people hate dealing with SS!!! They make everything so complicated and then refuse to explain things clearly. I bet half the people who call in don't even know what questions to ask. And getting disconnected when you ask for a supervisor? Classic SS move right there.

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so true!!! my grandma says its like they try to keep us confused on purpose so we dont get all the money were supposed to!!!

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One critical thing no one has mentioned: make sure to request a "Without Fault" determination under SSA POMS GN 02250.061. This specifically addresses situations where the Representative Payee was prevented from performing their duties through no fault of their own. Also, when you visit the office, bring a signed statement explaining exactly what happened - having it in writing helps ensure nothing gets missed during your conversation. Be sure to emphasize that you began reporting wages immediately upon discovering the employment. The fact that you proactively reported once you found out will significantly strengthen your case.

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Thank you for mentioning this specific policy! I'll look up SSA POMS GN 02250.061 and make sure to request the "Without Fault" determination. I'm already drafting my written statement to bring with me. Would it be helpful to have it notarized, or is a simple signed statement sufficient?

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To answer your follow-up questions: 1. For your office visit, bring copies rather than originals. Have the originals with you in case they need to see them, but they'll typically just make copies for their files. 2. The reconsideration deadline is 60 days from the date on the notice. If you're close to that deadline, you can file a basic reconsideration form immediately and then supplement with additional evidence later. 3. A simple signed statement is sufficient - no need for notarization. One more important tip: If the SSA representative at your local office isn't helpful, don't argue with them. Instead, politely ask to speak with a supervisor or office manager. Sometimes the front-line staff aren't familiar with the nuances of representative payee liability, especially in cases like yours where you were denied access to financial information. Keep us updated on how your appointment goes!

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Thank you for answering my questions! I'll bring both copies and originals just in case. My appointment is next Tuesday, so I have time to prepare everything properly. I'll definitely come back and update after the meeting - hopefully with good news! I appreciate everyone's help so much.

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