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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.
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?
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.
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.
Just to follow up on this thread - the reason this happens is that SSA processes retirement benefits and COLA adjustments in batches according to your Social Security number and benefit type. For couples, if you have different last names or were enrolled at different times, your records might be in different processing batches. The good news is that by February, everything should normalize and both payments will include the correct COLA amount as part of the regular monthly benefit. The separate payment is perfectly normal and not a mistake you need to worry about. I recommend checking your benefit verification letters in your MySocialSecurity accounts in early February - they should reflect the updated amounts going forward.
I work for a local senior services organization and we've been getting a lot of calls about this exact situation! You're definitely not alone - we've heard from probably 20+ people in the past week with the same pattern of getting their regular payment with COLA, then a separate smaller deposit a day or two later. From what we've learned from SSA, this is happening more frequently this year because they updated their payment processing system. The separate deposit is almost certainly your husband's COLA adjustment. The system prioritizes getting regular payments out on schedule, then catches up with the COLA calculations in a second wave. One tip: if you use direct deposit, the separate COLA payment might show up with a slightly different description on your bank statement (something like "SSA COLA ADJ" instead of just "SSA"). That's another way to confirm what it is without having to call and wait on hold!
wait so if you get survivor benefits do you still get your own ss payment too or just the higher one?
You only receive the higher of the two benefits, not both combined. If your survivor benefit (after any GPO reduction) is higher than your own retirement benefit (after any WEP reduction), you'll receive the survivor benefit amount. If your own benefit is higher, you'll keep receiving that. In the original poster's case, based on the numbers shared, the GPO-reduced survivor benefit would likely be higher than her WEP-reduced retirement benefit, so she would switch to receiving the survivor benefit instead.
I'm in a very similar situation and wanted to share what I learned during my recent SSA appointment. I was a federal employee for 28 years and my husband passed away 6 months ago. Like you, I was told I couldn't get survivor benefits due to GPO. After reading the helpful responses here, I called SSA using the tip about calling right at opening time - got through in about 15 minutes! The representative calculated that even with the GPO reduction, I would still receive about $800 monthly in survivor benefits (compared to my current $620 WEP-reduced benefit). What really surprised me was that they were able to process everything over the phone since I already had most documents on file from previous applications. I didn't need an in-person appointment. They said I should see the first payment within 4-6 weeks, and yes - I'm getting retroactive payments back to the month after my husband passed away. Don't give up hope! Even with these unfair GPO rules still in place, you very likely qualify for benefits that would significantly help your financial situation. The math shared by others here seems spot-on based on my experience.
As a newcomer trying to understand all this, it's really helpful to see everyone's explanations! From what I'm gathering, the key distinction is that GPO only affects Social Security benefits you'd receive based on someone ELSE'S work record (like spousal or survivor benefits), but it doesn't touch the Social Security you earned from your own work history. So @Carter Holmes, your $2,304/month Social Security benefit that you earned yourself should be completely safe - GPO won't reduce it at all, even when you start receiving your wife's CalSTRS pension as a survivor benefit. The confusing part seems to be that there are two separate government pension rules (GPO and WEP) that people often mix up, plus SSA's own explanations aren't always clear. But everyone here seems to agree on the basic principle: your own earned SS benefits = protected from GPO. I'd definitely follow the advice about getting an official determination from SSA though, just to have it in writing for your peace of mind!
Thanks for that clear summary @Paolo Romano! As another newcomer here, I really appreciate how everyone broke this down. The distinction between GPO (affects spousal/survivor benefits) vs WEP (affects your own benefits if you worked non-SS jobs) is super important. It sounds like Carter's situation is actually pretty straightforward - he gets to keep his full $2,304 SS plus potentially inherit the $7,400 CalSTRS if his wife passes first. That's actually a really good outcome compared to some of the other situations people described here where GPO really hurts their survivor benefits. Definitely agree about getting the official SSA determination though!
This thread has been incredibly helpful! I'm in a similar situation with my spouse who has a state teacher retirement system pension. What I'm learning from everyone's experiences is that there are really two key questions to ask yourself: 1. Are you claiming Social Security based on YOUR OWN work record? (If yes, GPO doesn't apply) 2. Are you claiming Social Security based on your SPOUSE'S work record? (If yes, GPO might reduce those benefits) @Carter Holmes - it sounds like you're in category #1, so you should be fine. But I'm curious - have you considered whether your wife might have ANY Social Security credits from work before teaching? Even a small SS survivor benefit could be worth checking on, though it would be subject to GPO. Also, for anyone dealing with these complex rules, I've found that the SSA's online calculators and benefit estimates don't always account for GPO/WEP properly, so the official determination that @Sophia Long mentioned is really important. Don't rely on the online estimates alone! Thanks everyone for sharing your experiences - this is exactly the kind of real-world knowledge that's so hard to find elsewhere.
Caleb Stone
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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Daniel Price
•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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Lauren Johnson
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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Jade Santiago
•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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