Social Security Administration

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My sister went thru this and she said the problem was that her husband collected SS on HER record not his own thats why they both got hit when she made to much $. if ur hubby gets his own check based on his own work then ur fine!!!!

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This is exactly right. The critical factor is which earnings record the benefits are paid from, not the tax filing status. If benefits are paid from the same earnings record (like a worker and their spouse who receives spousal benefits), then excess earnings by the worker affects both payments.

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Thank you all for the helpful responses! I feel much better understanding that our tax filing status doesn't affect how Social Security handles the earnings limit. I'll file jointly with my husband since it won't put his benefits at risk. I'm still worried about how much they'll take from my benefits next year, but at least I know it won't affect my husband. Does anyone know if they just withhold future payments or do they sometimes send a bill asking for the money back in a lump sum?

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Typically, SSA will give you options. They usually prefer to withhold future monthly payments until the overpayment is recovered. However, you can request to pay it back as a lump sum if that works better for you. If the withholding would cause financial hardship, you can also negotiate a lower monthly recovery rate. Just be aware that withholding stops once you reach your Full Retirement Age - after that, the earnings test no longer applies.

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As someone who went through a similar situation with my disabled daughter, I can't stress enough how important it is to pursue the DAC benefits that others have mentioned! The Medicare eligibility after 24 months of SSDI is absolutely life-changing for covering medical expenses. One thing I learned the hard way - start the DAC application process as soon as possible after you file for retirement benefits. The paperwork can take months to process, and you'll want to gather all medical documentation showing your son's disability onset before age 22. Also, regarding the special needs trust question - we worked with an elder law attorney who specializes in disability planning. They're usually more knowledgeable about the specific rules that protect benefits eligibility. The National Academy of Elder Law Attorneys has a good directory on their website. For your ex-spouse, even though the GPO will likely eliminate benefits, it might still be worth having him apply just to get an official determination. Sometimes there are small amounts that survive the offset, and you never know until you get the actual calculation from SSA.

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This is such valuable advice, thank you! I'm feeling much more hopeful about the DAC benefits for our son after reading everyone's responses. Can you tell me more about what specific medical documentation I should start gathering? We have years of records from multiple specialists, but I want to make sure I'm focusing on the right things to prove his disability onset before age 22. Also, do you remember roughly how long the DAC application process took in your daughter's case?

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I'm sorry, but I think there might be some confusion in the conversation. Looking back at the original post, Sydney Torres (the original poster) mentioned that her son is 32 years old and has severe medical conditions that started when he was 17. Oliver Alexander seems to be asking about gathering documentation, but he's not the original poster - Sydney is the one who would need to apply for DAC benefits for her son. To clarify for Sydney: You'll want to gather medical records from when your son was 17 showing the onset of his disabilities, along with any psychological evaluations, treatment records, and statements from doctors about his functional limitations. The key is proving continuous disability from before age 22. You should also collect any educational records (like IEP documents) that show his limitations during school years. Start with your son's primary care physician and any specialists who treated him during his teenage years - they can provide crucial documentation for the DAC application.

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Thank you for clearing that up! You're absolutely right - I got confused about who was asking what. As the original poster Sydney, I really appreciate all the detailed advice about the DAC benefits. I'll definitely start gathering those medical records from when our son was 17, including his IEP documents from high school. His pediatric neurologist and the developmental pediatrician who first diagnosed his conditions should have the key records showing the onset. This whole thread has been incredibly helpful - I had no idea about DAC benefits before today, and now it seems like our best path forward for getting him some financial assistance and eventually Medicare coverage.

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Thanks everyone for all the helpful information! I think I understand now - my FRA is 66 and 10 months (not a "max age"), and I can get delayed retirement credits up until age 70. I'm still working, so I'll probably wait at least until my FRA to avoid the earnings limit. Since my family tends to live into their 90s, waiting until 70 might be the best financial decision for me. I'll check my mySocialSecurity account to get my specific benefit estimates at different ages.

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Sounds like you've got a solid plan, Ravi! One thing to double-check when you log into your mySocialSecurity account - make sure to look at the "View Estimated Benefits" section which will show you the exact dollar amounts at different claiming ages. Also, since you mentioned your family longevity, you might want to consider spousal benefits too if you're married. The timing of when you claim can affect survivor benefits for your spouse. Good luck with your decision!

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That's really helpful advice about checking the exact dollar amounts in mySocialSecurity! I hadn't thought about the spousal/survivor benefits angle either. My wife is a few years younger than me, so the timing of my claim could definitely impact her future benefits. I'll need to look into that when I'm doing my calculations. Thanks for pointing that out!

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Just to make sure everyone understands the COMPLETE picture: if your husband has already claimed his own retirement benefits early (before his FRA), then your eventual survivor benefit would be based on that reduced amount (with some possible adjustments). So while YOUR early claiming of spousal doesn't affect survivor benefits, HIS early claiming DOES impact what you'd eventually receive as a survivor. Just another factor to consider in the overall planning.

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That's an important detail - thank you! Fortunately, my husband waited until after his FRA to claim his benefits, so his amount isn't reduced. It's amazing how many factors need to be considered with these decisions.

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I'm in a similar boat - turning 62 soon and considering spousal benefits while my husband is 69. One thing I learned from my research is that you can actually apply for spousal benefits online now through your my Social Security account, which is much easier than going to an office. Also wanted to mention that if you do decide to take spousal at 62, you can still work and earn up to the annual limit without affecting your benefits. And like others said, it won't impact your future survivor benefits at all. Have you calculated what the monthly difference would be between taking it now versus waiting? Sometimes seeing the actual dollar amounts over time helps with the decision, especially when you have those unexpected expenses like your home repairs.

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Thanks for mentioning the online application option! I hadn't realized that was available now. You're right about running the actual numbers - I should probably sit down with a calculator and compare the total benefits over different time periods. The reduced monthly amount at 62 versus waiting until 67 is significant, but when you factor in 5 extra years of payments, it might still make sense financially, especially with these home repair costs. Do you happen to know if there are any good online calculators that can help with this comparison?

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UPDATE: I just want to thank everyone for the helpful advice. I talked to my potential employer and negotiated a work schedule that will keep me under the $22,320 annual limit. I'll be tracking my earnings carefully, and I'm relieved to know the exact rules now. This community has been incredibly helpful!

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glad it worked out for you! 👍

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Congratulations on working out a solution with your employer! That's really smart planning. Just wanted to add one more tip for anyone else in a similar situation - if you're close to the earnings limit, consider asking your employer about flexible scheduling or the option to temporarily reduce hours later in the year if needed. Many employers are understanding about Social Security restrictions, especially for part-time positions. It's much easier to stay under the limit proactively than to deal with overpayments later!

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That's excellent advice about talking to employers upfront! I wish more people knew that most employers are willing to work with you on Social Security restrictions. It shows how important it is to be transparent about your situation from the beginning. Thanks for sharing that tip - it could really help others avoid the stress and complications of exceeding the earnings limit.

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