Social Security Administration

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I work as a benefits counselor and see this type of error frequently. The key thing to understand is that your sister was likely receiving what's called "dually entitled" benefits - her own retirement benefit plus a divorced spouse supplement to bring her up to 50% of her ex-husband's benefit amount. When he died, she should have transitioned to divorced survivor benefits (up to 100% of his amount), which would normally be HIGHER than what she was getting before. The fact that her payment went DOWN is a major red flag. The overpayment notice for January-June (before his death) suggests their system incorrectly flagged her legitimate divorced spouse benefits as improper survivor benefits. This is a coding error where the system applied the wrong benefit type retroactively. Here's my recommendation: She needs to file Form SSA-561 (Request for Reconsideration) AND Form SSA-632 (Request for Waiver) simultaneously. The waiver can stop collection while the appeal is processed. When she goes to the office, she should specifically ask for a "Technical Expert familiar with dual entitlement cases" and request a complete benefit computation worksheet showing how they calculated both the overpayment and her new benefit amount. Don't let her sign anything agreeing to repay until this is fully reviewed. This sounds like a textbook systems error that should be correctable once the right person looks at her case.

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This explanation makes everything so much clearer! The "dually entitled" concept is exactly what we needed to understand. I'm writing down all these details to take with us - Form SSA-561, Form SSA-632, request for Technical Expert with dual entitlement experience, and ask for the complete benefit computation worksheet. It's reassuring to hear from someone who works with these cases regularly that this sounds fixable. My sister will be so relieved to know there are people who understand exactly what went wrong and how to fix it. Thank you for taking the time to explain this so thoroughly!

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I'm so sorry your sister is dealing with this stressful situation! Based on what you've described, this sounds like a classic system error that unfortunately happens when someone transitions from divorced spouse benefits to divorced survivor benefits. The timing is the biggest clue - an overpayment notice for January-June when he didn't pass away until July makes no sense unless their computer system incorrectly flagged her legitimate divorced spouse benefits as improper survivor benefits retroactively. Here's what I'd recommend she do immediately: 1. **Don't panic or agree to any repayment** until this is fully investigated 2. **File both Form SSA-561 (appeal) and Form SSA-632 (waiver request)** - the waiver can stop collection during the appeal 3. **Request a Technical Expert** who specializes in dual entitlement/survivor benefit cases when she visits the office 4. **Ask for a detailed benefit computation worksheet** showing exactly how they calculated both the overpayment and her new reduced benefit amount The fact that her survivor benefits are LESS than her previous benefits is another major red flag - survivor benefits are typically higher (up to 100% of the deceased's benefit vs 50% for divorced spouse benefits). This is absolutely fixable, but she needs to be persistent and get to someone who truly understands these complex cases. Document everything and don't let them rush her into accepting their initial determination. You're being a wonderful advocate for her!

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I'm so sorry for your loss, Isabella. Losing a parent is incredibly difficult, and having to navigate all these bureaucratic details while grieving makes it even harder. Based on what others have shared here, it sounds like you're getting solid advice. Just wanted to add a couple of practical tips that might help your mom through this process: - When she calls SSA, have her keep a log of who she speaks with, the date/time, and what was discussed. Sometimes information gets lost between calls. - If she's comfortable with it, consider being on the call with her for moral support. SSA allows this if she gives verbal permission. - The local SSA office might be less busy than the national phone line. You could try walking in early in the morning if phone calls aren't working. Your mom is lucky to have you helping her through this. Take care of yourself too during this difficult time. The financial stress will ease once you get through the application process, but the emotional support she needs from you is just as important.

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Thank you so much for these thoughtful suggestions. You're absolutely right about keeping a log - I've already started one after trying to call multiple times this week. The idea about going to the local office early is really helpful too. I hadn't considered that it might be less busy than the phone line. Mom said she'd feel more comfortable having me there for support, so I'll definitely plan to accompany her whether we call or visit in person. I really appreciate everyone's advice and kindness during this difficult time. It's overwhelming trying to handle all these details while we're all still processing the loss, but this community has been incredibly helpful.

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I'm deeply sorry for the loss of your father, Isabella. Having gone through this process when my own parent passed, I understand how overwhelming it can be during such a difficult time. The advice you've received here is excellent. I'd like to emphasize a few key points: 1) Timing is critical - survivor benefits can only be backdated 6 months, so don't delay the application even if you're still gathering documents. 2) When your mom calls, she should specifically ask to "report a death and apply for survivor benefits" - this ensures she gets transferred to the right department immediately. 3) Consider bringing a trusted family member or friend to any in-person appointment for emotional support and to help remember important details. 4) If the phone wait times are impossible, many people have success visiting their local SSA field office first thing in the morning when they open. You can find the nearest office on the SSA website. Your mother will likely receive your father's full $2,400 benefit since she's over full retirement age, which should provide some financial relief during this transition. You're being such a wonderful support to your mother during this time. Take care of yourself too - grief is exhausting, and navigating bureaucracy while mourning adds another layer of stress.

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Another Texas teacher here. One important thing nobody's mentioned: If you keep working in a SS-covered job AFTER starting your TRS pension, those earnings are still subject to WEP, but they're calculated differently. In my case, I retired from teaching but work part-time as a consultant. That income still counts toward Social Security, and if I work enough years, it could eventually help reduce my WEP penalty further. The most accurate way to get your personal estimate is to contact SSA directly. I know it's frustrating with the wait times, but you need someone to calculate your specific situation. I used Claimyr.com to bypass the hold times and got connected to an agent in under 5 minutes. Worth every penny because I was able to get exact figures for my planning.

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That's a really good point about post-retirement work. I was planning to do some consulting after I retire from teaching, and I hadn't considered how that might affect the WEP calculation. I appreciate everyone's help - this forum has given me much better information than I've gotten anywhere else!

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I'm a newer member here but wanted to share what I learned going through this process recently. The key thing that helped me was getting my actual earnings record from SSA (at my.ssa.gov) and identifying which years qualified as "substantial earnings." What really surprised me was that the WEP reduction isn't just a flat percentage - it's calculated using a different formula for the first "bend point" of your Social Security benefit calculation. With your 20+ years in the private sector, you're likely looking at a reduction somewhere between 25-45% depending on your specific earnings history. One piece of advice: don't just rely on online calculators. I thought I had it figured out, but when I finally got through to an SSA specialist (took 3 tries), my actual projected reduction was different than what the calculators showed. The human factor really matters with these complex cases. Also, keep all your documentation organized - you'll need your TRS benefit estimate and your complete SS earnings record when you apply. The more prepared you are, the smoother the process will be.

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Welcome to the community! Your advice about getting the actual earnings record is spot on. I just logged into my SSA account for the first time in years and was surprised to see some gaps in my earnings history that I need to get corrected. It's frustrating that the online calculators can be so far off from reality - makes me wonder how many people are making retirement decisions based on incorrect estimates. Did the SSA specialist give you any tips on how to organize the documentation, or was it pretty straightforward once you had everything together?

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i always get confused about FRA. isn't it different for everyone?? mine is 67 according to my SS statement i got

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Yes, Full Retirement Age varies based on your birth year: - Born 1943-1954: FRA is 66 - Born 1955: FRA is 66 and 2 months - Born 1956: FRA is 66 and 4 months - Born 1957: FRA is 66 and 6 months - Born 1958: FRA is 66 and 8 months - Born 1959: FRA is 66 and 10 months - Born 1960 or later: FRA is 67 So if your statement says 67, you were born in 1960 or later.

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Just wanted to add one more thing that might be helpful - make sure you keep good records of your monthly earnings during those 10 months before your FRA! SSA sometimes asks for documentation if your reported earnings seem inconsistent with what employers report. I learned this the hard way when I had irregular consulting income. Also, if you're doing 1099 contract work, remember that self-employment income is counted when it's earned, not when you get paid. So if you complete a project in month 8 but don't invoice until month 11 (after FRA), it still counts against your pre-FRA limit. Keep track of when work is actually performed vs. when payment is received. The $59,520 limit for 2025 is really generous compared to previous years, so you should be in good shape with that consulting work!

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This is excellent advice about record-keeping! I'm just starting to navigate this whole system myself and hadn't thought about the documentation aspect. Quick question - when you say "self-employment income is counted when earned," does that apply even if I haven't received payment yet? Like if I complete a consulting project in month 9 but the client doesn't pay me until month 12 (after my FRA), that would still count toward the pre-FRA earnings limit for month 9?

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I definitely will! I'm planning to call tomorrow morning right when they open. Based on everyone's feedback, I'm pretty confident the first agent was mistaken, but I'll update with what I find out.

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I've been through a similar situation and want to emphasize something important that others have mentioned - even though you received incorrect information from an SSA agent, you're still responsible for any overpayments. However, don't let this discourage you from appealing if you do exceed the limit based on their advice. When you call back, ask to speak with a supervisor and document EVERYTHING - get the agent's name, ID number, time of call, and ask them to note your file that you're calling to clarify conflicting information you received. If possible, ask them to send you written confirmation of the correct earnings limits. Also, since you're doing 1099 work now, consider spreading your income strategically. You could potentially defer some payments until 2026 when the higher limit applies (January-March), or structure your contracts to minimize 2025 earnings. Just make sure any deferral strategies don't create tax complications. The earnings limit rules are confusing enough without getting wrong information from SSA agents. Stay strong and keep advocating for yourself!

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