As a newcomer here, I wanted to add my voice to the chorus confirming that the SSA rep gave you completely wrong information! I'm actually going through a very similar situation right now - I'm 67 and lost my wife last year. I successfully filed for survivor benefits 3 months ago using exactly the strategy you're planning. The key thing that worked for me was being incredibly explicit about what I wanted. I literally said "I am filing ONLY for survivor benefits today. I do NOT want to apply for my own retirement benefits. I understand these are two separate applications and I will file for my own retirement benefits at age 70." I also found it helpful to mention that I was aware of the 2015 law changes but understood those only affected spousal benefits, not survivor benefits. This seemed to signal to the agent that I had done my research. Don't let them discourage you - your strategy is absolutely correct and will save you thousands of dollars over your lifetime compared to taking both benefits now. Just be prepared to politely but firmly correct any misinformation they give you during the call!

As a newcomer to this community, I wanted to share my perspective since I just helped my sister navigate this exact situation last month. The SSA representative you spoke with is definitely wrong - restricted applications for survivor benefits absolutely still exist and are completely legal. My sister is 65 and was widowed two years ago. She had the same plan as you: take survivor benefits now and switch to her own larger benefit at 70. When she first called SSA, the initial rep told her the same thing - that "restricted applications don't exist anymore." This is a common misconception among frontline staff who confuse the 2015 changes to spousal benefits with survivor benefits. Here's what worked for her: She called back and specifically said "I need to file a restricted application for widow's benefits only. I am NOT filing for my own retirement benefits at this time." When the second rep seemed uncertain, she asked to speak with a technical expert who immediately understood what she needed. The key is being very direct about what you want and not backing down if they seem confused. Your strategy is not only legal but financially smart - don't let misinformed staff derail your plan! Document everything during your call and get the agent's name and extension. If needed, don't hesitate to ask for a supervisor. You've got this! Stay confident in your research because you're absolutely right.

As someone who's been navigating Social Security for a few years now, I can confirm what others have said - your financial advisor is absolutely correct! 401k withdrawals do NOT count toward the Social Security earnings limit. I was in a similar boat when I started collecting at 62, taking about $30k annually from my 401k while receiving SS benefits. Never had any issues with benefit reductions because of those withdrawals. The key thing to remember is that the earnings test only looks at "earned income" - wages, salary, self-employment income, etc. Your 401k money was already earned years ago when you were working and contributing to it. Now you're just accessing money you previously saved. Your brother might be thinking of the taxation rules for Social Security benefits, which IS affected by total income including 401k withdrawals. That's a completely separate calculation from the earnings limit though. Two different rules for two different purposes! You should be able to retire comfortably at 63 with your SS and 401k plan without worrying about the earnings limit affecting your benefits.

I'm glad I found this thread because I was having the same exact confusion! I'm 61 and planning to file for Social Security next year at 62, and I've been worried about how my 401k withdrawals would affect my benefits. Reading through everyone's responses has been really educational. It sounds like the consensus is clear that 401k distributions don't count toward the earnings limit, which is a huge relief. I was actually considering delaying my Social Security filing because I thought the 401k money would push me over the limit. One thing I'm still a bit unclear on though - if I do occasional freelance work (I'm a graphic designer), would that count as self-employment income toward the earnings limit even if it's just a few small projects here and there? I'm thinking maybe $3,000-4,000 total per year, nothing major, but I want to make sure I stay under the limit. Also, has anyone here actually had their benefits reduced due to the earnings test? I'd be curious to hear about the process of how Social Security calculates and applies the reduction if it happens.

I'm so sorry for your loss. This is such a challenging situation to navigate while grieving. I went through something similar when my brother passed and left behind his disabled son. A few practical tips that might help: Start gathering ALL medical documentation NOW - not just recent stuff, but everything from childhood diagnoses, school IEPs, therapy records, everything. SSA wants a complete picture of how the disability affects daily living and work capacity. Also, consider getting a letter from her current doctors specifically addressing her ability to work. They need to understand not just the diagnosis, but how it impacts her functional capacity. One thing that caught me off guard was that they may want to do their own medical evaluation even with extensive records. Don't be surprised if they schedule her for additional appointments. The good news is that with a well-documented case like Down Syndrome, approval rates are generally good. The frustrating part is just the bureaucratic timeline. Stay on top of deadlines and don't hesitate to call if you don't hear back when they say you will. Hang in there - you're doing everything right by planning ahead!

I'm really sorry for your loss - navigating all this while grieving must be incredibly overwhelming. I'm a disability benefits advocate and see families go through this transition regularly. Here's what you should know: Your daughter's benefits will likely continue after 18 since Down Syndrome typically qualifies for adult disabled child benefits, but there WILL be a gap while they process the adult disability determination. This is unavoidable - even with clear-cut cases like Down Syndrome. For your benefits at 62, you're currently receiving "child-in-care" benefits which end when she turns 18 (or if her disability continues, when she's no longer in your care). At that point, you can switch to either widow's benefits (reduced at 62) or your own retirement benefit - whichever is higher. Here's my strongest recommendation: Start the process 6+ months early AND consider consulting with a disability attorney who offers free consultations. They can help ensure all paperwork is complete and may even represent her for free if needed (they only get paid if she's approved). Also, definitely look into setting up an ABLE account or special needs trust now if you haven't - any inheritance or assets need to be handled carefully to protect her future benefits eligibility. The system is frustrating but manageable with proper planning. You've got time to prepare!

Diego, I've been in a similar situation with survivor benefits and 1099 work. One important thing nobody mentioned yet - make sure you understand that Social Security calculates your net self-employment earnings using Schedule SE, not just Schedule C profit. There's a formula that reduces your net earnings by 7.65% (half of the self-employment tax) before applying the earnings test. This actually works in your favor! Also, consider asking your potential client if they can structure payments to help you stay under the limit - maybe defer some income to January if you're getting close to $23,400 by December. I've found SSA is actually pretty reasonable to work with if you're proactive about reporting and asking questions upfront.

I'm also a widow receiving survivor benefits and considering 1099 work. One thing I learned the hard way is to keep detailed monthly records of your earnings throughout the year, not just annual totals. SSA can ask for month-by-month breakdowns if they review your case. I use a simple spreadsheet to track each payment, the date received, and running totals. Also, if you're doing healthcare contract work, make sure you understand whether you'll be truly independent or if the client might treat you like an employee (which could affect your 1099 status with the IRS). The last thing you want is tax complications on top of the SSA earnings limits. Good luck with your decision!

Based on everything you've shared - your continued part-time work, your good health, and your husband already receiving benefits - waiting until at least your Full Retirement Age would likely be more advantageous than claiming early. This would avoid both the permanent early claiming reduction and the earnings test reduction. You might even consider waiting until 70 for your maximum benefit, especially if family longevity suggests you'll live well into your 80s or beyond. I recommend using the calculators on SSA.gov to compare different scenarios based on your exact earnings record, or consulting with a financial advisor who specializes in Social Security claiming strategies.

I'm glad you found this discussion helpful! Just to reinforce what others have said - the old "claim and switch" strategies are definitely off the table now. One additional thing to consider: since you mentioned you're in good health and planning to work part-time, you might also want to look into whether those continued earnings could potentially increase your benefit calculation. Social Security uses your highest 35 years of earnings, so if your current part-time work years are higher than some of your earlier lower-earning years, it could bump up your Primary Insurance Amount. The SSA recalculates benefits annually if you have qualifying earnings. Just another factor to weigh as you decide on your timing!