Social Security Administration

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Thank you everyone for all this helpful information! I've decided to: 1) File the SSA-632 waiver form TODAY, 2) Contact legal aid in my county tomorrow morning, 3) Submit a FOIA request for my file, and 4) Try to make an in-person appointment at my local office. If legal aid can't help, I'll look for an attorney who specializes in Social Security and works on contingency. I feel so much better having a plan now. Will update once I have news!

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That sounds like an excellent plan. One final suggestion - keep a detailed log of every contact you have with SSA. Note the date, time, who you spoke with (get names if possible), and what was discussed. This documentation can be extremely valuable if your case goes to a hearing.

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Ava Kim

Good luck Emily! You have a really solid plan there. I went through something similar a few years ago and keeping that detailed log like Amara mentioned was crucial - I had to reference it multiple times during my hearing. Also, when you go in person to the SSA office, bring copies of EVERYTHING and ask them to put a note in your file about what documents you showed them. Sometimes things get "lost" in the system and having that paper trail saved me. Rooting for you!

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To clarify for everyone: When you apply for benefits in your first year of retirement, you need to: 1) Tell SSA you're retiring or significantly reducing work that month 2) Stay under the monthly limit for each month you receive benefits 3) Verify they coded your application for the monthly earnings test 4) Keep documentation of your work reduction If you do all that, then yes, your pre-retirement earnings in 2025 won't count against you. But you must actually reduce your work when you say you're going to.

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This is super helpful - thank you! I'll make sure to explicitly request the monthly earnings test when I apply and have documentation ready about my reduced hours starting in June.

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Just wanted to add one more important point - when you apply in June, make sure you get written confirmation from SSA that they're applying the monthly earnings test to your case. I've seen too many situations where people thought they were set up correctly but SSA was actually using the annual test. You can request this confirmation in writing or ask for a receipt showing how they coded your retirement date. This will save you a lot of headaches later if there's any confusion about which test applies to your situation.

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That's excellent advice about getting written confirmation! I hadn't thought about asking for a receipt showing how they coded my retirement date. Given some of the horror stories shared here about people getting hit with overpayment notices months later, having that documentation upfront seems crucial. Is there a specific form or document I should request, or just ask the agent to note it in my file?

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When I applied, I asked them to send me a "Notice of Award" or "Award Letter" that specifically mentions the monthly earnings test and my retirement effective date. You can also request what's called an "Earnings Test Determination" letter. If they can't provide that immediately, ask the representative to make detailed notes in your file about the monthly test application and request a follow-up letter confirming this within 30 days. Having this paper trail saved me when there was confusion later about my earnings limit calculation.

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also just wanna say the whole $2000 limit is ridiculous in 2025!!! how is anyone supposed to save anything with that stupid rule??? cant even have emergency savings without losing benefits smh

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PREACH!!! The $2000 limit hasn't changed since the 1980s!!! Total garbage rule that keeps disabled people in poverty forever!!! Even a basic emergency fund would put you over the limit. Makes me so angry!!!

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I'm new to this community but wanted to share what I learned when I had a similar situation last year. I received a $1,800 class action settlement and was terrified about losing my SSI benefits. After doing some research and talking to a benefits counselor, I found out there are actually several options beyond just the basic "spend down" rule that others have mentioned: 1. **Irrevocable burial/funeral trusts** (as many have mentioned) - completely exempt from resource limits 2. **ABLE accounts** - if you became disabled before age 26, you can put up to $18,000/year into these special savings accounts that don't count toward SSI limits 3. **Plan to Achieve Self-Support (PASS)** - even for smaller amounts, you might be able to use this to set aside money for work-related goals The burial trust option sounds perfect for your situation since the money originally came from a pre-need plan anyway. Just make sure it's set up as an irrevocable trust specifically for burial/funeral expenses. Also, definitely report it within the 10-day window - that's mandatory regardless of which option you choose. The SSA takes unreported resources very seriously and will eventually find out through data matching with banks and other agencies. Good luck! The system is complicated but there are legitimate ways to handle this without losing your benefits.

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This is really helpful information! I had no idea about ABLE accounts - unfortunately I became disabled after 26 so that won't work for me, but the burial trust option keeps sounding like the best solution. Do you know if there are specific requirements for how the trust needs to be set up to qualify as exempt? I want to make sure I do this right the first time.

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wait i just realized something - if ur ex passed away recently shouldn't you be getting more money not less? my aunt got survivor benefits and it was way more than her own SS check

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This is a good point, but it depends on several factors. Since the original poster is taking survivor benefits before FRA, they'll be reduced. At their current age, they'd receive approximately 79-82% of the deceased ex-spouse's full benefit. Also, if their own retirement benefit is higher than the reduced survivor benefit, they won't see an increase. Additionally, if they were receiving retirement benefits early and switch to reduced survivor benefits, there's a separate calculation called the RIB-LIM that might further affect the amount. This is definitely something they should clarify with SSA.

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I'm so sorry you're dealing with this stressful situation! As someone new to Social Security, this thread has been really eye-opening about how complex these overpayment situations can be. From what everyone is saying, it sounds like you have several options to explore. The suggestion about Form SSA-634 to request a lower recovery rate seems particularly promising, especially since you can demonstrate financial hardship. I also think the idea of requesting a temporary reduction until your FRA next year is brilliant - that shows you're willing to work with them while acknowledging your current financial constraints. One thing that struck me from reading all these responses is how important it is to get everything documented in writing going forward. It seems like verbal agreements with SSA aren't reliable, unfortunately. I hope you're able to get this resolved quickly and get back to the $145 amount you originally agreed to. Please keep us posted on how it goes - your experience could really help others who might face similar situations!

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One thing I haven't seen mentioned yet is that you should also be aware of how bonuses, vacation pay, or sick pay might be handled if any of that comes into play with your December work. Sometimes these payments follow different timing rules than regular wages. Also, if you're planning to work similar extra shifts in the future, it might be worth asking your employer if they can adjust the pay period cutoff dates to help you manage your earnings limits more predictably. Some employers are willing to work with employees on Social Security to help with timing issues like this.

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This is such a helpful point about bonuses and vacation pay! I'm fairly new to dealing with Social Security and hadn't even considered how different types of pay might be handled. My employer does sometimes give year-end bonuses, so I should definitely ask about that timing too. The idea of talking to them about adjusting pay period cutoffs is brilliant - I never would have thought employers might be willing to help with that kind of thing. It makes sense though, especially if it helps employees avoid benefit reductions. Thanks for sharing this insight!

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I'm dealing with a similar situation but with a twist - I'm 64 and will turn 65 next April. My employer offers holiday pay for working Christmas and New Year's, but those premium payments don't come until mid-January. Since I'll still be under my FRA, I assume the same "when paid" rule applies, meaning that holiday premium would count toward 2025 earnings even though the work happens in 2024. Has anyone dealt with holiday premium pay timing before? I want to make sure I understand this correctly before I commit to working those holidays.

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