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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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I'm a retired Social Security claims specialist, and I can confirm what many others have shared here - you would indeed receive 82.5% of your husband's Primary Insurance Amount (PIA) as your survivor benefit if you claim at age 62, NOT his current reduced benefit amount. This is one of the most misunderstood aspects of Social Security. The survivor benefit calculation is completely independent of what the deceased spouse was actually receiving. It's based solely on their PIA and your age when you claim the survivor benefit. Given your situation, here's what I'd recommend: Get a written benefit estimate from SSA showing both your projected retirement benefit at 62 and your projected survivor benefit. When you call, be very specific and ask for a "survivor benefit estimate at age 62 based on husband's PIA." Don't let them give you verbal estimates - insist on written documentation. Also, document everything from your conversations with SSA representatives, including names and dates. The rules are complex and unfortunately not all representatives fully understand survivor benefit calculations. My heart goes out to you both during this difficult time. Having accurate benefit projections will help you make the best decision for your family's circumstances.

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Thank you so much for your professional insight! Having confirmation from a retired SSA claims specialist really puts my mind at ease about this decision. Your advice about getting written documentation and being very specific with my requests is exactly what I needed to hear. I'm going to call tomorrow and ask for that exact phrase - "survivor benefit estimate at age 62 based on husband's PIA." Having worked in the system, do you have any other specific language or questions I should use to make sure I get accurate information? It's such a relief to have multiple sources confirming that the survivor benefit calculation is independent of his current reduced amount. Based on everything shared here, I think claiming my own benefit at 62 so we can spend this time together is the right choice for us. Thank you for taking the time to share your expertise during this challenging period.

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I'm so sorry you're going through this difficult situation. Based on my understanding from dealing with similar circumstances in my family, the survivor benefit calculation is indeed based on your husband's Primary Insurance Amount (PIA), not what he's currently receiving after his early retirement reduction. When you claim survivor benefits at 62, you would receive approximately 82.5% of his full PIA. This is because survivor benefits have their own reduction schedule that's much more favorable than regular retirement benefit reductions. So even though your husband took about a 30% reduction by claiming at 62, your survivor benefit would only be reduced by about 17.5%. I'd strongly suggest getting this in writing from SSA. When you call, ask specifically for a "written survivor benefit estimate showing the monthly amount at age 62 based on spouse's Primary Insurance Amount." Having worked with SSA before, I've found that being very specific with your language helps ensure you get accurate information. Given your husband's health situation and your desire to spend time together, claiming your own retirement benefit at 62 now might make sense - especially knowing that you could later switch to the higher survivor benefit if needed. Wishing you both strength and clarity during this challenging time.

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After you get this sorted out, you might want to check if you made the optimal claiming decision. At FRA, you receive 100% of your primary insurance amount (PIA), but each year you delay past FRA (up to age 70) adds 8% in delayed retirement credits. If you're in good health and have other income sources, sometimes it's more beneficial to delay even past FRA. Just something to consider for others reading this thread - in your case, definitely claim those retroactive benefits!

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That's a great point about delayed retirement credits. In my case, I needed the income to start, but I did consider waiting until 70. I guess I basically gave up 4 months of those 8% increases by applying at FRA+4 instead of waiting until 70. At least I can get the retroactive benefits for those 4 months though!

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Just wanted to add another perspective here - I work as a benefits counselor and see this situation frequently. Miguel, you're definitely entitled to those 4 months of retroactive benefits. When you call SSA, be very specific and say "I want to request retroactive Social Security retirement benefits back to my full retirement age." Sometimes it helps to reference the SSA Program Operations Manual (POMS) section RS 00615.003 if the representative seems unsure. Also, don't be discouraged if the first person you talk to doesn't seem knowledgeable - ask to speak with a supervisor or technical expert if needed. The retroactive payment typically processes within 30-45 days once approved. Make sure to keep documentation of your request!

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does anyone know how much theyll take back if you go over? is it like dollar for dollar or some weird calculation?

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It's not dollar-for-dollar. For 2024, if you're under Full Retirement Age, SSA withholds $1 in benefits for every $2 you earn above the annual limit ($22,320 in 2024). So if you went over by $4,800, they would withhold $2,400 in benefits. If this is the year you reach FRA, different rules apply with a higher limit and only $1 withheld for every $3 over the limit.

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Thanks everyone for your help! After checking my W-2 more carefully, I see the auto allowance is included in Box 1, so it does count toward my earnings. I calculated that I exceeded the limit by about $3,200, which means SSA will probably withhold around $1,600 of my benefits based on the $1-for-$2 rule. I called my employer and confirmed the auto allowance is considered additional compensation, not a direct reimbursement of expenses. I'm going to try using that Claimyr service to reach SSA and ask about my options. Would it be better to proactively pay back some benefits now, or wait for them to send me a notice? I'd rather deal with this before filing my taxes if possible.

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Smart move to be proactive! You can wait for SSA to calculate the exact overpayment - they'll send you a notice after they receive your earnings information from the IRS, but that might not happen until mid-year or later. If you want to handle it now, you can contact SSA directly and inform them of your estimated excess earnings. They can calculate the overpayment and give you payment options. One important note: if you're close to your Full Retirement Age, make sure to tell them, as different rules might apply. And remember, any benefits withheld now will eventually increase your monthly payment after you reach FRA, so you're not losing the money permanently.

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I'd definitely recommend being proactive rather than waiting! I went through a similar situation with survivor benefits a couple years ago. When I contacted SSA early, they were actually pretty helpful in setting up a manageable repayment plan. If you wait for the notice, you might get stuck with a larger lump sum demand or automatic withholding from future benefits that could hurt your monthly budget. Getting ahead of it gives you more control over how you handle the repayment.

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