Social Security Administration

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SSI Fair Share housing deduction ignored but they're demanding back pay for wages - What now?

I'm at my wits end with SSA regarding my son's SSI benefits. Since October, I've been reporting that he's paying his fair share of housing/utilities (about $475 monthly) instead of receiving 'in-kind support'. I've faxed documentation THREE times with receipts and proof of payment. His SSI payment should have increased once this change was processed, but it hasn't budged. Meanwhile, he works part-time (12 hrs weekly) at a grocery store. I've reported his wages faithfully every month since September - faxed paystubs, called SSA directly, even provided his employer's EIN so we could report electronically. I've documented EVERYTHING. I've tried reporting through the app and online, but it keeps saying "no record of working" even though I've reported his job multiple times. In December, I physically went to the SSA office, waited 3+ hours, and they acknowledged they had all my faxes and would fix everything. They essentially said "oops, our bad." Fast forward to today - I received a letter demanding BACK PAY for his October-December wages, but STILL nothing acknowledging he's paying fair share for housing! If they'd processed the fair share housing arrangement correctly, his SSI would have increased BEFORE the wage deductions, and we likely wouldn't owe anything. I can't get through on phones (2+ hour waits before disconnecting), local office no longer accepts walk-ins, and appointment wait times are ridiculous. How do I fix this mess when I can't even reach a human being? Has anyone successfully resolved this kind of SSI reporting nightmare?

Just a warning - even when you get this fixed, be prepared for a mess. When they finally fixed my brother's case, they issued back payments for the months they had incorrectly reduced his benefits, but then sent ANOTHER letter a month later claiming those back payments were issued in error!!! It took another 3 months to sort that out. Save EVERY letter they send you.

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I'm dealing with a similar situation with my disabled nephew's SSI. The coordination between wage reporting and living arrangement changes is absolutely terrible at SSA. Here's what finally worked for us: 1. File Form SSA-561 (Request for Reconsideration) immediately - this stops collection while they review 2. Submit everything via certified mail with return receipt - faxes get lost constantly 3. In your reconsideration letter, explicitly state that the fair share arrangement should have been processed BEFORE applying wage deductions 4. Request a "chronological review" of all your submissions since October The key phrase to use is "failure to process living arrangement change resulted in incorrect overpayment calculation." Make them prove they processed your fair share documentation correctly before demanding repayment. Also, if you have any family members who are veterans, try contacting the VA - they sometimes have backdoor contacts at SSA that can expedite complex cases like this. It's worth a shot when you're dealing with this level of bureaucratic nightmare. Document everything and don't give up. The system is broken but your case is definitely fixable with persistence.

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Just to add some specific numbers that might help you visualize this situation: Let's say your Primary Insurance Amount (PIA) - the amount you'd get at your Full Retirement Age - is $3,000. At age 70, with delayed retirement credits, you'd receive approximately $3,720. If your wife's PIA is $2,400, at age 68 she would receive about $2,688 on her own record. The spousal benefit would be 50% of your PIA, so $1,500. In this scenario, when your wife files at age 68, she would automatically receive her own benefit of $2,688 since it's higher than the spousal benefit of $1,500. If she waited until 70, her own benefit would grow to about $2,976. Everyone's numbers are different, but this illustrates why many couples with similar earnings histories often find that spousal benefits aren't relevant - both spouses' own benefits are higher.

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This numerical example is extremely helpful! Our numbers are somewhat similar to your example, with my benefit being higher but my wife also having a substantial benefit on her own record. Based on all the advice here, it sounds like we should calculate both scenarios: 1. Wife claims at 68 (getting her own benefit if it's higher than spousal) 2. Wife waits until 70 for maximum benefit Then we can see which option maximizes our lifetime benefits. Thanks everyone for all the helpful information!

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One thing I haven't seen mentioned yet is the impact of Medicare premiums on your decision. If your wife has higher income from waiting until 70, she might face higher Medicare Part B and Part D premiums due to IRMAA (Income-Related Monthly Adjustment Amount) thresholds. Also, don't forget about the "earnings test" if either of you plan to work at all before Full Retirement Age. Since your wife is already 68, this probably doesn't apply, but it's worth checking if she has any earned income. You might want to use the SSA's online calculators or consider getting a personalized benefit statement to run the exact numbers for your situation. Every couple's circumstances are unique, and small differences in birth dates, earnings history, and life expectancy can significantly impact the optimal claiming strategy.

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Update: I used Claimyr to get through to SSA this morning instead of waiting for my callback. The agent confirmed the letter was just about Medicare enrollment but also said there was a note in my file about "benefit type review" which is why it showed my own retirement amount. She put a note in my file that I want to CONTINUE my survivor benefits and not switch to retirement benefits at this time. She also said I should receive a clarification letter within 2 weeks. Thank you all for your help!

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Great news! Always get the names of who you speak with at SSA and keep good notes. And remember - at age 70, check to see if switching to your own retirement benefit would give you more money, as your retirement benefit will have grown substantially by then if you don't claim it earlier.

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Glad Claimyr worked for you! And good job being proactive - it sounds like there really WAS a potential issue with your benefits that needed to be addressed. The "benefit type review" they mentioned is exactly the kind of thing that can lead to automatic changes if you don't specify your preference.

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So glad you got this resolved! This is exactly why I always tell people to be proactive with SSA - that "benefit type review" note could have definitely led to an automatic switch if you hadn't called. For anyone else reading this thread who might be in a similar situation, here are the key takeaways: 1) Medicare enrollment at 65 is separate from benefit switching, 2) You can stay on survivor benefits even after 65 if they're higher than your own retirement benefit, 3) Always ask SSA to put notes in your file about your preferences, and 4) Keep detailed records of all your conversations with them. Thanks for updating us with the resolution - it'll help other people who find this thread!

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I just wanted to update and thank everyone for the helpful responses. I've created an account on ssa.gov to verify my earnings history (thankfully it's accurate). We've decided my husband will hold off claiming his own benefits for now. If I pass away before he reaches his FRA, he'll apply for survivor benefits even though they'll be reduced, then switch to his own benefits at 70 when they'll be maximized. The percentage chart was especially helpful in understanding how this works. I'm also going to suggest we meet with a financial advisor who specializes in Social Security planning to make sure we're making the best choices for our specific situation.

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That sounds like a well-considered plan. Meeting with a financial advisor who specializes in Social Security is definitely worthwhile - they can run calculations based on your specific numbers and life expectancy considerations. Wishing you all the best with your health and treatment.

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I'm so sorry to hear about your diagnosis, but it's encouraging that you're responding well to treatment. Your forward-thinking approach to planning is admirable during such a difficult time. Just to add another perspective to the excellent advice already given - there's also something called the "widow's limit" that can come into play. If your husband claims his own retirement benefits early (before FRA), it could potentially limit his survivor benefits later to a percentage of what you were receiving. This is why many experts recommend the strategy you've outlined - waiting on his own benefits and potentially taking reduced survivor benefits first if needed. Another thing to consider: survivor benefits can start as early as age 60 (or age 50 if disabled), so your husband would have options even if something happened sooner than expected. The reduction is steeper at younger ages, but it's still available. The meeting with a Social Security specialist sounds like a great idea. They can help you model different scenarios and make sure you're not missing any nuances in the rules. Take care of yourself, and I hope your treatment continues to go well.

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my aunt got widow benefits and she said they backpay from when u first become eligible not from when u apply so you should get money back to when u turned 60 maybe?

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That's incorrect in this specific situation. While survivor benefits can indeed be paid retroactively (up to 6 months), the OP wasn't eligible for benefits before January 2025 because the GPO would have reduced her benefit to $0. She only becomes eligible starting January 2025 when the GPO repeal takes effect, so there's no possibility of getting benefits back to age 60.

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I'm in a very similar situation - also a retired teacher with a pension, and I lost my husband in 2010. I've been following this GPO/WEP repeal closely because like you, I was told years ago that I'd get $0 in survivor benefits. Reading through all these responses, especially from Jamal who says he's with SSA, gives me hope that those of us who called before the effective date will be protected. I'm planning to call SSA next week to start my application process. Thank you for posting this - it's so helpful to see others going through the same thing. Please update us after your February appointment to let us know how it goes!

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I'm so glad this discussion is helping other people in similar situations! It's been really stressful wondering if I was doing the right thing by waiting for my February appointment instead of trying to get through earlier. Reading Jamal's explanation about the protective filing date has given me a lot more confidence. I'll definitely update everyone after my appointment - hopefully with good news that can help you and others who are in the same boat. The whole GPO/WEP situation has been such a nightmare for so many of us teachers and public servants, so it's amazing that we finally have some relief. Good luck with your call next week!

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