Social Security Administration

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Social Security claims my adult disabled son's benefits caused $6,090 overpayment since 2018 - can I get this waived?

I'm in serious panic mode right now. Just received notices saying my children's SSDI dependent benefits were overpaid by $6,090 going back to 2018! The notice is ONLY for my kids' payments - nothing about my own SSDI which I've been receiving since 2018. What's driving me crazy is how SSA could miss something for FOUR YEARS then suddenly hit us with this bill. How is that even fair? Does anyone know the process for getting an overpayment waived? There's more to this mess: A few months ago, SSA called about my autistic son who just moved back home. The rep said their system messed up when he turned 18 - something about not converting him correctly to an "adult disabled dependent." They sent paperwork for medical release forms which I submitted. From what I can piece together from these confusing notices, they're claiming the overpayment started in 2021 when he turned 18 and their system dropped him. Now they're withholding his payments based on what SSI he was getting at that time. They ARE giving him Medicare Parts A and B, but expecting him to pay for Part B out of either the $164/month they're now saying SSA will give him (or nothing?). The notices say they owe him back payments of $5,548 during this period. I'm hoping I can at least get them to offset what they claim we owe against what they owe him. This whole situation is a bureaucratic nightmare. Has anyone dealt with something similar?

I'm so sorry you're dealing with this nightmare! As someone who has navigated similar SSA bureaucratic messes, I wanted to share a few things that might help: First, DEFINITELY file that SSA-632 waiver form that others mentioned - you have a strong case since this was clearly their system error, not anything you did wrong. Second, I'd suggest keeping a detailed log of every interaction you have with SSA going forward. Write down dates, times, who you spoke with, and exactly what was said. This documentation becomes crucial if you need to escalate or appeal. Also, consider reaching out to your local congressperson's office. They often have staff who specialize in helping constituents with federal agency issues like this. Sometimes a call from a congressional office can get things moving faster than months of individual effort. The fact that they're acknowledging he qualifies for adult disabled child benefits AND that they owe him back payments suggests they know they messed up. Don't let them intimidate you into just accepting this overpayment - you have rights and options here. Stay strong - this kind of bureaucratic mess is frustrating beyond words, but it IS fixable with persistence!

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Thank you so much for this comprehensive advice! I hadn't thought about contacting my congressperson's office - that's brilliant. I've been feeling so overwhelmed and like I'm fighting this huge bureaucracy alone, but you're right that there are people whose job it is to help with exactly these situations. I'm definitely going to start keeping that detailed log you mentioned. I've already had several phone calls about this and wish I had written everything down from the beginning. The part about them acknowledging they owe him back payments while claiming we owe them money really does seem like they're admitting their mistake. I'm going to push hard on that angle when I file the waiver form. Thanks for the encouragement - I really needed to hear that this is fixable!

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This situation sounds incredibly stressful, and I'm sorry you're dealing with SSA's bureaucratic mess! As a newcomer here, I wanted to add that you should also ask about requesting an "Administrative Review" of the overpayment determination itself - this is separate from the waiver request and challenges whether the overpayment calculation is even correct in the first place. Given that they're saying this goes back to 2018 but your son only turned 18 in 2021, there's clearly something wrong with their timeline. An administrative review can force them to show their work on how they calculated these amounts. Also, while you're gathering documentation, try to get copies of ALL benefit award letters and payment records for your son from 2018 forward. Sometimes SSA's notices reference the wrong time periods or mix up different types of benefits. Having your own paper trail will help you challenge any errors. The good news is that multiple people here have dealt with similar situations and gotten them resolved - you're definitely not alone in this fight!

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my neighbor said if you work over the limit they just take it back later not right away

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That's not quite right. If you expect to earn over the limit, you should report your estimated earnings to SSA right away. They'll reduce your benefits proactively throughout the year. If you don't report it, and they discover later (through tax records) that you earned over the limit, they'll send you an overpayment notice and you'll have to pay back the excess benefits. Much better to have them withhold correctly from the start!

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I'm in a similar situation - turning 62 soon and trying to figure out the best strategy. One thing I learned from my research is that you should also consider the tax implications. If you're working and collecting SS, your benefits might become taxable depending on your "combined income" (adjusted gross income + nontaxable interest + half of SS benefits). For single filers, if combined income is over $25,000, up to 50% of benefits are taxable. Over $34,000 and up to 85% can be taxable. This could affect your overall financial picture even if you stay under the earnings limit.

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Wow, I hadn't even thought about the tax implications! That's a really important point. With my bookkeeping income of $22,000 plus pension of $18,000, plus whatever I'd get from SS at 62 (probably around $1,500/month), I might be looking at some of my benefits being taxable. Do you know if there are any strategies to minimize this tax hit, or is it just something you have to factor into the overall decision?

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Great job helping your sister navigate this complex situation! Just wanted to add one more important detail - make sure she asks specifically about the "child-in-care" provision when she goes to her appointment. Sometimes SSA representatives aren't immediately familiar with this rule and might initially tell her she'll get reduced benefits at 62. If she gets pushback, she can reference POMS RS 00615.201 which covers divorced spouse benefits with child in care. Also, bring a copy of the child's current benefit award letter showing he's receiving benefits on his father's record - this helps establish the connection quickly. Good luck with the appointment!

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This is such valuable advice! I've seen too many cases where people miss out on benefits they're entitled to simply because the SSA rep they spoke with wasn't familiar with the specific rules. Having that POMS reference number ready is brilliant - it shows you know what you're talking about and helps guide them to the right information. Also, bringing multiple forms of documentation is smart since different reps sometimes ask for different things. Your sister is lucky to have you advocating for her through this process!

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This is incredibly helpful information for anyone dealing with divorced spouse benefits! I'm actually in a similar situation but my ex hasn't filed for his benefits yet and I'm 59. From reading these comments, it sounds like I need to wait until either he files OR I reach 62 AND we've been divorced for at least 2 years to potentially qualify under the independent entitlement rule. My disabled son is 14 and gets benefits on his father's record already. Does anyone know if there are any other requirements I should be aware of for when I do become eligible? The marriage duration requirement, etc.? I want to make sure I have all my ducks in a row when the time comes.

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One thing nobody mentioned - if you're still working, the earnings limit might affect your benefits until you reach full retirement age. For 2025, if you're under FRA the entire year, you lose $1 in benefits for every $2 you earn above $22,900 (approximately). Something to factor into your decision if you're still employed.

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Thank you for mentioning this. I work part-time but earn under that limit, so thankfully it won't affect my benefits. But that's definitely important information for others to consider!

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This is such a helpful thread! As someone who will likely face this decision in a few years, I'm taking notes on all the strategies mentioned here. The fact that you were able to get through to SSA using Claimyr in just 15 minutes is amazing - I've bookmarked that service for when I need it. One question for the group: does anyone know if there are any good resources (books, websites, etc.) that explain all these widow/widower benefit strategies in plain English? The SSA publications are so technical and confusing. It seems like there are a lot of nuances that aren't well publicized.

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Great question! I've been researching this topic extensively myself. A few resources I've found helpful: the AARP website has some good articles that break down Social Security strategies in plain language, and there's a book called "Get What's Yours" by Laurence Kotlikoff that covers a lot of these scenarios. Also, many local libraries have free AARP tax help volunteers during tax season who are often knowledgeable about Social Security - they might be able to point you toward additional resources. The National Academy of Social Insurance website also has some clearer explanations than the official SSA publications.

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This is such an important topic to plan ahead for. I went through something similar with my husband a few years ago. One thing I'd add that hasn't been mentioned much is the importance of understanding how survivor benefits work if your wife has her own Social Security record too. Since she's currently working and contributing to Social Security, she'll have her own benefit calculation when she reaches retirement age. The strategy many widows use is called "restrict and switch" - she could potentially claim the survivor benefit first (either at 60 with reduction or later at full amount), then switch to her own retirement benefit at 70 if it would be higher due to delayed retirement credits. Also, regarding that gap period before she turns 60 - I'd strongly recommend looking into increasing any life insurance you have specifically to cover those missing months of income. When my husband passed, I was 57 and that 3-year gap was financially devastating even though we thought we were prepared. The combination of funeral expenses, reduced household income, and having to wait for any Social Security help was overwhelming. One last tip: have her start tracking all of her work earnings and Social Security statements now. When the time comes to apply, having organized records of both your earnings histories will make the process much smoother.

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This is incredibly helpful information about the "restrict and switch" strategy - I hadn't heard of that option before! It sounds like it could potentially maximize her benefits if her own Social Security record ends up being substantial by the time she reaches 70. Given that she's currently earning $34k annually and still has 8 years left before she turns 67, her own benefit could indeed grow significantly. Your point about increasing life insurance specifically for that gap period really resonates with me. We have some coverage, but I'm realizing it may not be adequate to replace the missing Social Security income for potentially 3+ years. I'm going to get quotes this week for additional term coverage to bridge that gap. The advice about tracking earnings and Social Security statements is also excellent - I'll help her set up a my Social Security account so we can monitor her projected benefits and make sure all her earnings are being recorded correctly. Having everything organized ahead of time will definitely reduce stress during what will already be a difficult period. Thank you for sharing your experience and these practical strategies. It's giving me a much clearer picture of how to properly prepare for this situation.

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I'm so glad you're thinking ahead about this - it shows how much you care about your wife's financial security. From reading everyone's experiences here, it's clear that the gap period between your passing and when she turns 60 is really the biggest challenge to prepare for. One thing I'd suggest is also looking into whether your wife might qualify for any pension survivor benefits through your work history, if you have any. Sometimes people focus so much on Social Security that they forget about other potential sources of survivor income. Also, since she's still working and building her own Social Security record, you might want to run some calculations to see what her own benefit would be at different claiming ages versus the survivor benefit. The my Social Security website has calculators that can help with this. Sometimes the math works out better to claim her own reduced benefit at 62 and then switch to survivor benefits later, depending on the amounts involved. The document preparation advice everyone's given is spot on. I'd also add that you should make sure she knows where all your important financial accounts are located and has access to them. When grief hits, even simple tasks become overwhelming, so having everything clearly organized and accessible will be a huge help.

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This is all such valuable information, thank you everyone for sharing your experiences and advice. As someone new to this community, I'm really impressed by how supportive and knowledgeable everyone is here. I'm actually in a similar situation - my husband is 72 and I'm 58, so I'm trying to learn as much as I can about what to expect. The point about pension survivor benefits is really important and something I hadn't considered. My husband has a small pension from his previous employer that I should probably look into. And the suggestion about running calculations comparing my own benefit versus survivor benefits at different ages is something I definitely need to do. One question for those who have been through this - did you find it helpful to meet with a financial advisor or Social Security specialist before the need arose? I'm wondering if getting professional guidance now while we have time to plan might be worth the investment, especially given all the different strategies and timing considerations involved.

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