
Ask the community...
I would suggest a different approach - have you tried discussing this with your ex first? Maybe you could work out an arrangement where she transfers a portion of the SSI to you each month based on the 70/30 split. That might be faster than going through the SSA bureaucracy, which can take months. If she refuses, then definitely pursue becoming the payee.
I've tried talking to her multiple times over the past year. She always says the money barely covers his needs at her house and she can't spare any. Given our history, I don't think a voluntary arrangement will work, unfortunately.
An important point no one has mentioned: as the representative payee, your ex is required to file an annual Representative Payee Report explaining how the benefits were used. If she's only using the money for 30% of his care needs, she may have difficulty justifying this on her reports. When you apply to become the new payee, mention to SSA that you'd like them to review her past reports, as this could strengthen your case.
theres also a rule about how much money he can hav in the bank with ssi. only $2000 i think. but the other benefits from his dads record dont hav that rule
You're right. SSI has a $2,000 resource limit for individuals, while Childhood Disability Benefits (CDB) on the father's record don't have asset limits. This is another important advantage of the CDB benefits. Additionally, the OP should look into ABLE accounts, which allow disabled individuals to save more than $2,000 without affecting SSI eligibility.
Thank you all so much for this helpful information! I feel much better prepared for his upcoming birthday now. I'm going to: 1) Make sure both the SSI and the Childhood Disability Benefits applications are being processed, 2) Create a rental agreement to avoid the one-third reduction rule, 3) Look into ABLE accounts for his savings, and 4) Use Claimyr to actually get through to SSA and confirm all of this information. This has been incredibly helpful!
Thank you all for these helpful responses! I feel much better knowing this is a common issue with how SSA processes things. I'll definitely make sure both my husband and I attend our scheduled appointments. I might try calling them before then using that service someone mentioned because waiting another month is frustrating. It's ridiculous that their systems don't automatically handle this when deemed filing is supposed to be the rule. At least I know now I should eventually get the spousal excess with backpay to my filing date. I'll update after our appointments to let everyone know how it goes.
the appointment thing is totally normal. my wife and I went through this last year. they need info from both of you because they're checking his records too. just make sure you both answer the phone when they call!
Does anyone know if the OP could still claim now and just have benefits suspended? My sister did something like this but I'm fuzzy on the details. Something about claiming but not receiving?
You're thinking of a different strategy that applies to retirement benefits, not survivor benefits. With retirement benefits, you can file and suspend after FRA. With survivor benefits, if you claim while working under FRA, they're simply reduced by the earnings test - there's no advantage to a voluntary suspension. The OP's best strategy is already outlined above - wait until FRA to claim survivor benefits, then switch to her own at 70.
I think you all are making this WAY more complicated than it needs to be. Just take the survivor benefits now AND keep working. Then when you hit 70, switch to your own benefit. That way you get the most money overall. My financial advisor told me Social Security is all about getting the most money over your lifetime.
Your financial advisor gave you incomplete information. With the OP's income level ($78,720/year), the earnings test would withhold approximately $28,740 of benefits annually if claimed before FRA. Essentially, she wouldn't receive ANY survivor benefits until reaching FRA anyway. So claiming early literally gets her $0 additional dollars while potentially creating administrative headaches. This is why understanding the complete picture matters.
To summarize the excellent points made here: 1. Due to the earnings test, with your income level, you'd have most or all survivor benefits withheld until you reach FRA anyway 2. Waiting until FRA means you get 100% of your husband's benefit amount versus a reduced amount now 3. You can take survivor benefits at FRA and then switch to your own higher benefit at 70 (this is still allowed) 4. When you eventually collect survivor benefits, they'll be taxed based on your overall income; potentially less tax impact if your income is lower by then Given these factors, waiting until FRA to apply for survivor benefits appears to be the optimal strategy in your specific situation.
One more important point - since your daughter is 16, if she qualifies, she'll receive survivor benefits until she graduates high school or turns 19, whichever comes first. The money belongs to her, though as her adoptive parent, you'll be the representative payee managing the funds for her benefit. SSA typically requires annual accounting of how the money is spent, so keep good records. Common approved uses include housing, food, clothing, education, medical expenses, and recreation. Many families save a portion for college or other post-high school education.
Just want to confirm what others are saying - applying online is MUCH easier than dealing with the office. I applied at 68 last year. One thing though - if you have any unusual circumstances (like foreign earnings, government pension, etc.) the online application might not be able to handle your situation and you'd need to call or visit an office anyway. But for most standard retirements, online works great. Also, make sure you think about your Medicare situation if you haven't already enrolled. That's a separate process from SS retirement benefits.
i applied online last year it was ok but then they needed more info and i had no idea until i checked my account a month later. they dont always email you so make sure you keep checking your mySS account every few days after you apply!! they put messages in there that you'll miss if you don't login
This is excellent advice! The SSA communication system isn't perfect. They should send you emails when there are account notifications, but the system sometimes fails. Checking your mySocialSecurity account regularly after applying is very important. Also, make sure your contact information is up to date in your mySocialSecurity profile before you apply. Double-check that your email address and phone number are current so they can reach you if needed.
Anybody else think its messed up that people have to jump through all these hoops just to afford medication?? My sister is going through the same mess with her MS meds. This is why I'm terrified of retiring even though my back is killing me from 40 years of construction work...
its totally messed up!! we spend more time figuring out how to afford meds than actually enjoying retirement. my neighbor went back to work at 72 just to afford his heart medication. the whole system is broken.
I wanted to add one more important point: When your husband applies in January 2025, make absolutely sure that on the application he specifies January 2025 as his "benefit start date" even though he's requesting retroactive benefits. This prevents any confusion in the processing center. Also, keep documentation of everything - when you applied, what you requested, etc. If the pharmaceutical program requires income verification during the year, you may need to explain your strategy to them as well.
just wanna say dont feel bad if this is confusing, ive been on ssdi for 6 years and still get confused about the tax stuff every year lol. and the rules change sometimes too
One thing no one has mentioned: if your ONLY income is the $27,300 from SSDI, the calculation works like this: 1. Half of your SSDI ($13,650) is counted toward the threshold test 2. Since $13,650 is less than $25,000, technically NONE of your benefits would be taxable 3. However, the full calculation is more complex - your "combined income" includes half your benefits plus other income Either way, with the standard deduction, you'll likely owe nothing, but you should file to be in compliance. Use the free filing options available through IRS.gov.
Wait, this is confusing me now. So if my ONLY income is the SSDI, then half of that ($13,650) is what gets compared to the $25,000 threshold? And since that's under $25,000, none is taxable? That's different from what others said above.
Sorry for the confusion - I was mistaken in my explanation. For the threshold test, if SSDI is your only income, your "combined income" would be half your SSDI benefits. However, since your benefit is $27,300, half would be $13,650, which is below the $25,000 threshold. This means none of your benefits should be taxable. I recommend confirming this with a tax professional or using tax software to be certain.
Serene Snow
Unfortunately, the retroactive payment period for retirement and spousal benefits is limited to 6 months maximum. Your cousin's situation might have been different, or perhaps involved disability benefits which have different rules for retroactivity. Just want to set realistic expectations - OP can likely only get up to 6 months of retroactive payments if eligible for a higher benefit.
0 coins
Issac Nightingale
oh maybe it was disability then, i just remember she got a big check! my bad
0 coins