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Update: I called SSA this morning and finally got through after trying for 3 days! The rep confirmed what many of you said - they look at net earnings for self-employment. She also explained that they'll take the adjustment from future benefits next year after I file my taxes. I'm going to track my hours and income more carefully going forward, and I might talk to my accountant about restructuring. Thanks everyone for your help!
One thing I haven't seen mentioned yet is that you can request a waiver if the overpayment creates a financial hardship. I had to do this when I got hit with a $2,800 overpayment notice. You file Form SSA-632 and provide financial documentation showing that repaying would cause undue hardship. Also, keep detailed records of when you work vs. when you don't work each month. If you have months where you truly don't work at all in your consulting business, you can get full benefits for those months under the monthly earnings test that @Luca Bianchi mentioned. This saved me about $1,200 last year during the three months I took off due to a family emergency. The key is being proactive - don't wait for the overpayment notice. Report your estimated annual earnings to SSA early in the year so they can adjust your monthly payments accordingly.
This is really helpful information about the waiver option! I had no idea Form SSA-632 existed. Quick question - when you say "detailed records of when you work vs when you don't work," do you mean literally tracking daily hours, or is it more about documenting which months you had zero business activity? I'm trying to figure out the best way to document this for my consulting work since some months I might just do administrative tasks but no billable client work.
I went through something similar with my son who became disabled at 19. The key thing that helped us was getting everything in writing from SSA. When you do talk to them (whether through that Claimyr service someone mentioned or directly), ask them to send you a written summary of what benefits your daughter will be eligible for as a survivor. Also, since her father has other dependents, you might want to consider consulting with a disability attorney who specializes in Social Security cases. Many will do a free consultation and can help you understand exactly how the family maximum will affect her benefits. The peace of mind is worth it when you're dealing with your child's financial security. One more tip - start keeping detailed records of all her medical appointments and treatments now. If they do a continuing disability review after her father passes, having everything organized will make the process much smoother during what will already be a difficult time.
This is such great advice about getting everything in writing! I've been dealing with my own family's situation and learned the hard way that verbal promises from SSA don't mean much when policies change or different agents interpret rules differently. @Carmen Sanchez is absolutely right about the disability attorney consultation too - we used one and they caught several things we would have missed that actually increased my relative s'benefits. The medical records tip is especially important since reviews can happen at any time, not just after major life changes.
I work as a benefits counselor and see these situations frequently. Your daughter's benefits will definitely increase when her father passes away - she'll move from auxiliary benefits (50% of his PIA) to survivor benefits (75% of his PIA). The fact that you weren't married to her father doesn't matter since paternity was legally established. However, with his current wife and two minor children also eligible for survivor benefits, the family maximum will likely apply. Each survivor would normally get 75%, but if that total exceeds the family maximum (usually 150-180% of his benefit), everyone's benefit gets reduced proportionally. I'd strongly recommend getting a benefit estimate in writing from SSA before any changes occur. Also, make sure your daughter's disability onset date is clearly documented as before age 22 - this is crucial for maintaining her eligibility as a disabled adult child throughout these transitions.
Thank you @Rudy Cenizo for the professional perspective! This really helps clarify things. I have one follow-up question - you mentioned making sure the disability onset date is documented as before age 22. My daughter s'accident was when she was 17, but there was about a 6-month gap between the accident and when she was officially approved for benefits. Will SSA use the accident date or the approval date when determining her eligibility? I want to make sure we have the right documentation ready in case there are any questions during the transition.
u might try county records office where u got married they can give u copy of marriage license. also check old tax returns that's how my aunt found my uncles ssn
Just wanted to add my experience - I was in a very similar situation when my ex-husband passed. We'd been divorced for years and I had no idea where any of his paperwork was. The SSA office was actually really helpful once I got there. They were able to locate his record using just his full name, date of birth, and our marriage date. I brought my driver's license, our marriage certificate, and his death certificate. The whole process took about 45 minutes once I got called back (the wait was longer than the actual appointment!). Don't stress too much about having his exact SSN - they have ways to work around that. Good luck with your application!
This is really encouraging to hear! I've been so stressed about not having his SSN, but it sounds like the SSA has good systems in place to locate records. 45 minutes doesn't sound too bad either - I was preparing myself for an all-day ordeal based on what others have said. Did they give you any trouble about being divorced, or was that pretty straightforward since you were married for the required time period?
We didn't need the agreement notarized - just signed by both parties with the date. As for taxes, my accountant had me report it as rental income, but there were offsetting expenses (utilities, home repairs, etc.) so it didn't affect our tax situation much. Your mom should probably consult with a tax professional about her specific situation, though.
Good luck with your appointment! I went through something similar with my dad's SSI when he moved in with us after his stroke. One thing that really helped was bringing a calculator to the meeting to show exactly how we split expenses. We calculated total monthly costs (property tax ÷ 12, average utilities, groceries, etc.) and divided by the number of adults in the household. Having those numbers ready made the conversation go much smoother. Also, don't let them intimidate you - you have the right to ask questions and get clear explanations of their decisions. The caseworker we dealt with was actually pretty helpful once we showed we were serious about following the rules properly.
That's really smart advice about bringing a calculator! I never thought about having the numbers ready like that. It probably shows SSA that you're taking it seriously and not just trying to get around the rules. Did your dad's benefits get restored to the full amount after you showed them the expense breakdown?
Logan Scott
don't forget that if you're collecting at 62 your already taking a big reduction on your own benefit. like 30% less than your FRA amount. so waiting til FRA for survivors makes sense if you can
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Mila Walker
•This is correct. Claiming retirement at 62 results in a permanent reduction of about 30% from your FRA benefit amount. Survivor benefits are reduced by a different formula - approximately 28.5% if claimed at age 60, and decreasing as you approach FRA. By FRA, there's no reduction to survivor benefits. This creates potential strategies like claiming one benefit type early and switching to the other later.
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Angelina Farar
I'm so sorry you and your wife are going through this difficult situation. Planning ahead shows real care and responsibility. From what I've learned through my own research, you have several strategic options to consider: If your wife passes before you claim benefits, you could potentially claim survivor benefits as early as age 60, but they'd be reduced. Alternatively, you could wait until your FRA to get her full benefit amount without reduction. If you've already started your own benefits when she passes, you'd get the higher of the two amounts. Given that her SSDI is $2,450 vs your projected $1,650 at 62, you'd likely benefit from the survivor option. One strategy might be to delay your own benefits past 62 to let them grow (they increase until age 70), while knowing you'd have the survivor benefit safety net. This could maximize your household income while she's still with you. I'd strongly recommend making an appointment with SSA to run scenarios with your actual earnings records. They can show you projections for different claiming strategies. Also consider consulting with a financial planner who specializes in Social Security - the rules are complex and a small difference in timing can mean thousands in lifetime benefits. Wishing you and your wife strength during this challenging time.
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