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this happened to my neighbor too!!! her son was disabled and when her husband died the checks stayed the same. when she finally figured it out like 5 years later they gave her back pay but only for like 1 year not the whole 5 years. fight for all the back pay!!!!
I'm so sorry you're going through this - it sounds incredibly stressful to discover there might have been an error for so many years. Based on what others have shared here, it really does sound like your son should have been automatically converted to survivor benefits when his father passed away in 2012. The good news is that if SSA made an error, they are generally required to correct it and provide back payments. However, I'd suggest being prepared for the possibility that they might initially pushback or claim there's a time limit on corrections. Don't let them discourage you - if this was their administrative error, you have strong grounds to fight for full retroactive payment. When you call, also ask them to provide you with a written explanation of your son's current benefit type and calculation. Having everything in writing will be important if you need to escalate the issue or file an appeal. Document every conversation you have with them, including dates, times, and the names of representatives you speak with. Good luck - I really hope you're able to get this resolved and get your son the benefits he's entitled to!
This is such great advice about getting everything in writing and documenting all conversations! I never thought about asking for written explanations, but that makes so much sense. I'm definitely going to keep detailed notes of every call. Reading everyone's responses has given me so much hope that this can actually be fixed. It's overwhelming to think about potentially 13 years of underpayments, but also exciting to think my son might finally get what he's entitled to. Thank you for the encouragement!
just wondering have u talked to ur mom about this yet?? my grandma got SUPER upset when we suggested someone else handle my uncle's benefits. she took it as us saying she was incompetent even tho she totally was making mistakes
That's exactly what I'm worried about. I haven't directly suggested it yet because Mom has always been so proud of handling this responsibility. I'm trying to figure out the most sensitive way to approach it. Did your family find a good way to have that conversation with your grandma?
I'm going through something similar with my elderly father who's been my disabled sister's payee for years. What helped me was framing the conversation around "sharing the load" rather than taking over completely. I started by asking Mom if she'd like me to help with some of the paperwork since I'm already handling the online banking anyway. Once she seemed comfortable with that idea, I suggested we visit the SSA office together to add me as a backup or co-payee (though I learned later that's not really how it works - there can only be one official payee). But it got the conversation started in a non-threatening way. The key was emphasizing that I wanted to help HER, not replace her. I also mentioned how much easier it would be for me to handle everything from one location rather than coordinating across the country. She eventually agreed it made sense, especially when I pointed out that if something happened to her suddenly, my sister would be left without access to her benefits. One thing that really helped was having her doctor's office social worker explain to Mom that planning for these transitions is just good caregiving, not admitting defeat. Sometimes hearing it from a professional makes it less personal.
My mom just got on Medicare last year and she was shocked by how the system works. She thought SS benefits would just keep up with inflation automatically but now she's learning that's not really how it works in practice. Has anyone found good ways to budget with such uncertainty around these annual changes?
I've been following this issue closely since I'm also on a fixed income. From what I've read, the 2025 COLA will likely be in the 2.5-3% range based on current inflation trends, but Medicare Part B premiums could easily eat up half or more of that increase. What really bothers me is that they don't coordinate the announcements better. We get excited about the COLA in October, then get hit with the Medicare premium news in November. It would be so much more helpful if they released both numbers at the same time so we could see the real net impact on our budgets. I've started planning for worst case scenario - assume minimal net increase after Medicare adjustments and budget accordingly. It's depressing but at least there are no surprises that way!
I'm in a very similar situation and really appreciate this discussion! My husband was a federal employee for 28 years and when I become eligible for widow benefits, I was told not to even bother applying because of GPO - my CSRS pension would have eliminated everything. One thing I wanted to add that might be helpful - I spoke with someone at my local SSA office yesterday (finally got through!) and while they don't have official guidance yet, the representative mentioned that they're expecting a flood of these types of cases and are preparing special procedures. She suggested that when we do apply, we should bring: 1. A copy of the new legislation 2. Documentation showing our government pension amount 3. Our spouse's Social Security statement/records 4. A written timeline explaining why we didn't apply before She also said to be very clear in our application that we're requesting retroactive benefits specifically due to the GPO repeal effective January 2024. Apparently they're setting up a special tracking system for these cases. I'm planning to file the day after the president signs it. Better to get in early and establish that protective filing date, even if it takes them months to process everything properly.
This is incredibly valuable information - thank you for actually getting through to SSA and sharing what you learned! The fact that they're preparing special procedures and a tracking system gives me hope that they're taking these cases seriously. Your suggestion about bringing a copy of the legislation is brilliant - I wouldn't have thought of that but it makes perfect sense to have it on hand in case the representative isn't familiar with all the details yet. I'm definitely going to follow your lead and file immediately after signing too. The protective filing date could be crucial if there are any delays or complications in processing.
As someone who's been through the SSA application process recently for other benefits, I wanted to add a practical tip that might help everyone preparing for this. When you gather your documentation, make multiple copies of everything and organize it in a clear folder with tabs. SSA offices can be overwhelmed and sometimes lose paperwork, especially during periods like this when they're dealing with new legislation. Also, if possible, try to apply in person rather than online or by phone for these complex cases. The representatives can walk through your specific situation and make notes in your file about the unique circumstances. Online applications might not have the right fields or options for explaining the GPO repeal situation. One more thing - keep detailed records of every interaction you have with SSA, including dates, times, representative names, and what was discussed. If there are any issues or delays, having that documentation will be invaluable if you need to appeal or escalate your case. I'm really hoping SSA handles these retroactive cases fairly. There are probably thousands of people in similar situations who deserve these benefits they were essentially forced to give up due to GPO.
These are fantastic practical tips! I hadn't thought about the importance of applying in person vs online for this type of complex situation. You're absolutely right that having a representative who can walk through the unique circumstances and make detailed notes could make a huge difference in how smoothly the application gets processed. Your point about keeping detailed records is spot on too - with something this unprecedented, documentation of every interaction could be crucial if there are any hiccups along the way. I'm definitely going to create a dedicated folder for all of this. It really does seem like there could be thousands of people in our situation. I'm cautiously optimistic that SSA will do right by everyone who was essentially shut out of benefits they were entitled to because of these unfair provisions. Thanks for sharing your experience with the SSA process!
Connor Rupert
Hi Robert, your experience is actually not uncommon and highlights a key difference in how SSDI and retirement benefits are calculated. When you became disabled at 59, SSA calculated your SSDI using your earnings record up to that point (32 years in your case). However, for retirement benefits at FRA, they can use up to 35 years of your highest earnings, including any years after your disability onset date where you may have had some earnings or zero-earnings years that get dropped from the calculation. The increase you received likely reflects this recalculation using the full 35-year computation period, which can result in a higher Primary Insurance Amount (PIA). This doesn't necessarily mean you were "underpaid" during your SSDI years - rather, the calculations use different methodologies and time periods. I'd recommend requesting a detailed explanation from SSA showing both calculations side by side. You can also request your complete earnings record to verify which years were used in each calculation. If there's still confusion, consider consulting with a Social Security attorney who can review your specific case and determine if the calculations were done correctly.
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Robert Wessel
•@Connor Rupert Good Morning. I find it interesting my situation is not all that uncommon, for most of the SSA staff I have discussed this with have expressed confusion as to the reason my DIB was not equal to my RIB at FRA. The SSA Retirement pamphlet clearly states: The disability benefit is the same as a full, unreduced retirement benefit. In my case, I did not have any additional earnings after my EOD my (SSDI was awarded several years after my EOD, and included retroactive benefits ,)and a review of the calculations suggests none of these years were included in either calculation. I have learned that the 32-year EOD calculation is essentially a Freeze calculation, while the 35-year FRA calculation is considered a Non-Freeze calculation, but discerning the difference, let alone the conditions under which each is utilized remains puzzling, at best. I appreciate your response and, as suggested, shall continue my pursuit for clarification with the SSA.
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Yuki Sato
•@Robert Wessel @Connor Rupert This is a fascinating case that really highlights the complexities in SSA s calculation'methods. Robert, you re absolutely'right to be confused - the freeze vs "non-freeze" calculation "distinction" isn t well'explained in most SSA materials, even though it can significantly impact benefits. From what I understand, the disability freeze essentially locks your earnings record at the point of disability onset, using only the years you worked up to that point. But when you convert to retirement benefits, SSA can recalculate using their standard retirement formula, which may include additional zero-earnings years or drop out lower-earning years differently. The key issue seems to be that while SSA says DIB = RIB at FRA, they re using'different computational periods, which can yield different results. Have you considered filing a Request for Reconsideration specifically asking them to explain why two supposedly equal calculations produced different amounts? Sometimes forcing them to document their methodology in writing can reveal calculation errors or at least get you a clearer explanation of the freeze provisions. "You" might also want to check if your state has a SHIP State Health (Insurance Assistance Program counselor who) specializes in Social Security issues - they re often'more knowledgeable about these technical calculation differences than front-line SSA staff.
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