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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.
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!
THE SSA ALWAYS DOES THIS!!!! They NEVER explain deductions properly and expect us to figure it out ourselves! I've been on SS for 3 years and STILL don't understand why my payment changes sometimes. One month they took an extra $43 and when I finally got someone on the phone they said it was "an adjustment from a previous calculation" but couldn't tell me WHICH calculation!! The whole system is designed to be confusing on purpose I swear!!
One more thing to check - your first payment sometimes includes retroactive benefits or partial month payments depending on when you applied versus when you were eligible to start. This can make the first deposit amount seem off compared to your regular monthly amount. The Payment History section should clarify this once it appears. If your regular monthly payment is still significantly lower than expected after the second payment, then definitely call SSA for a breakdown of deductions.
That's a really good point. I did get a small one-time payment on January 11th that shows up now in the payment history. I think that was a partial month payment. Things are starting to make more sense now. Seems like the first couple of months with Social Security can be confusing until everything stabilizes into a regular pattern.
Wait im confused...isnt SSI different from regular social security? Maybe the worker was talking about SSI which does have asset and income limits even after retirement age? Just wondering if there was a miscommunication about which program.
Good point about potential confusion, but the OP clearly mentioned retirement benefits that started at age 65, which would be Social Security retirement (RSDI/Title II) not SSI (Title XVI). You're correct that SSI has strict income and asset limits at any age, but those rules don't apply to regular Social Security retirement benefits. The earnings test for retirement benefits disappears at FRA.
Thank you all so much for your helpful responses! I feel much better now knowing that the SSA rep was wrong and that my husband CAN earn unlimited income once he reaches his full retirement age next year without affecting his benefits. We'll definitely print out that SSA webpage for reference. And we'll make sure to verify that his benefit amount gets properly adjusted for any withheld amounts once he reaches FRA. What a relief - this means our retirement plan can proceed as we originally thought! I really appreciate everyone taking the time to help clarify this confusing situation.
After spending 3 YEARS fighting with SSA about my WEP calculation, I FINALLY got somewhere by contacting my Congresswoman's office. Her constituent services staff has liaisons who work directly with SSA regional offices and can sometimes get better results than we can on our own. Worth a try if you've exhausted other options.
One final important note - if you decide to keep working in Social Security-covered employment, you can potentially reduce your WEP penalty over time. For each additional year of substantial earnings (currently about $30,000/year), the WEP reduction amount decreases. If you eventually reach 30 years of substantial earnings, the WEP penalty is eliminated entirely, even without congressional action. If you're close to another year of substantial earnings, it might be worth continuing part-time work to reach that threshold. The WEP reduction decreases by 5% for each year of substantial earnings above 20 years.
That's a really helpful tip! I'm at 22 years now, so each additional year would reduce my WEP penalty by 5%. I might look into some part-time work that would get me over the substantial earnings threshold. Do you know if the entire year needs to be worked, or just enough to reach the earnings minimum?
I think everybodys giving you wrong info. My friend is a retied SSA worker and she told me survivor benefits are NOT reduced if your spouse was fully insured regardless of YOUR age. That's different from retirement benefits. Something about the law changing in 2022 or 2023.
I'm sorry, but this is incorrect information. There has been no law change eliminating the age-based reduction for survivor benefits taken before FRA. Survivor benefits are definitely still reduced if taken before the survivor's FRA. The "fully insured" status of the deceased spouse doesn't change this fact - it's a requirement for benefits to be paid at all, but doesn't affect the reduction schedule. Please be careful about sharing second-hand information that could lead to costly claiming mistakes.
Based on what you've shared, here's what I recommend: 1. First, verify your husband's claiming history by contacting SSA (whether through regular channels or using a service to help you get through) 2. Ask specifically about: - When your husband began collecting benefits - What his PIA (Primary Insurance Amount) was - How the RIB-LIM rule affects your specific situation 3. Request a benefit calculation for these scenarios: - Taking your survivor benefits now (reduced amount) - Taking your own retirement benefit now, then switching to survivor benefits at your FRA Once you have these specific numbers, you can make an informed decision. The difference could potentially be thousands of dollars over your lifetime, so it's worth doing this research.
One more important tip - after you submit everything to Social Security, create an online my Social Security account for her (or check the existing one if you already have it) to verify that the name change processed correctly in their system. Sometimes things appear correct in person but don't fully update in their computer system. The online account will show exactly what name is associated with her benefits. And regarding your question about payment delays - we didn't experience any interruption in my son's case. The payments continued to be deposited as usual while the paperwork was processing. They just updated the name in their system but the payment mechanism stayed the same.
That's really helpful! I do have a mySocialSecurity account for her since I'm her representative payee. I'll definitely keep an eye on it after we submit the name change to make sure everything updates correctly. I appreciate you following up about the payment question too - that's a relief to hear!
Thank you all so much for the support and information! I've made notes of all your advice and feel much more confident about moving forward with her name change now. We're going to proceed with the court paperwork and then take all the documentation to our local SSA office. I'll make sure to bring multiple copies of everything and monitor her mySocialSecurity account to ensure the changes are properly recorded. Your kindness and practical advice mean so much during this challenging time. I just want to make sure I'm supporting her needs while also maintaining the benefits she depends on.
my uncle worked for social security for 30 years and he always said never take it early unless ur really sick or broke!!! he said government designed it that way on purpose so people who dont need it will take it early and get less money
Since you're married with a younger spouse, you should definitely consider how your decision affects your total household benefits over both your lifetimes. Here's what most financial planners recommend for couples with age gaps: 1. The higher earner (usually the husband) should consider delaying benefits as long as possible, ideally to age 70. This maximizes not only his own benefit but also the eventual survivor benefit for his wife. 2. The lower earner might claim earlier, especially if they need the income. 3. For couples with significant age gaps (4+ years), this strategy becomes even more valuable since the younger spouse is likely to spend many years receiving survivor benefits. If you're in good health with longevity in your family, waiting can increase your monthly benefit by 77% (from age 62 to 70). That's a substantial difference that would benefit both you and potentially your wife for decades. That said, if you have health concerns or absolutely need the income now, taking it at 62 is perfectly reasonable. There's no universally "right" answer - it depends on your specific circumstances.
This makes a lot of sense. I'm definitely the higher earner in our household. My wife worked part-time for many years while raising our kids, so her own benefit would be small. I hadn't fully considered the long-term implications for her if I claim early. This thread has given me a lot to think about. I appreciate everyone's insights!
bout the paying back thing u asked... they said i went over by $275 but then they took back like a whole month of benefits which was over $1000! they told me its because they have some weird formula where if u go over they take back $1 for every $2 u earn over the limit or something... it was a mess to fix
My friend's husband just took SS early and they messed up his payments THREE TIMES!!! He kept having to go to the office and waste whole days sitting there!! The government is so incompetent sometimes it makes me CRAZY!!!!
This is unfortunately common, especially when starting benefits before FRA. The earnings test creates a lot of complexities. When I started my benefits early, I found it helpful to keep a monthly earnings calendar with documented proof of what I earned each month. Anytime there was a question, I had my records ready to go. Saved me a lot of headaches!
Update: I finally got through to SSA after using that Claimyr service someone mentioned. The agent confirmed what you all explained - my benefit IS calculated correctly. She walked me through it step by step. My husband's PIA (full retirement age amount) is $2,340, and my 50% would be $1,170, but since I'm taking it 5 years early, it's reduced by about 35% to $760. Since I have my own small benefit of $152, they pay me that plus the $608 difference. I understand now that my husband filing early doesn't actually reduce my spousal benefit at all - it's based on his full PIA regardless of when he filed. The only reduction is from ME filing early. Thank you all for your help explaining this complicated system!
Glad you got it sorted out! One thing to remember is that despite the reduction, you're getting 60 months of benefits that you wouldn't have received had you waited until FRA. So while the monthly amount is less, the lifetime total might work out better depending on your life expectancy and financial needs. That's often overlooked in these discussions.
Natasha Romanova
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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Keisha Jackson
•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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Amina Diop
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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Javier Gomez
•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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