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make sure u bring ALL ur paperwork to that appointment!!! birth certificates, marriage certificate, death certificate, workers comp award letter, tax returns, EVERYTHING. my aunt forgot one document and had to reschedule the whole thing and wait another month!!
I'm so sorry for your loss, Noah. Losing a spouse so young is devastating, and navigating all these benefit questions while grieving is incredibly difficult. I wanted to add something that might be helpful - when you have your SSA appointment, consider asking them to run a "what-if" scenario analysis. They can show you the exact dollar amounts for different claiming strategies (survivor benefits now vs. waiting, switching timelines, etc.) based on your specific work history and your husband's earnings record. Also, since you're dealing with both workers comp death benefits AND Social Security, you might want to contact your state's workers compensation board to ask specifically about any coordination of benefits rules. Some states have provisions that could affect how these benefits interact, and it's better to know upfront rather than discover issues later. One last thought - if you do decide to retire in June as planned, make sure to notify SSA immediately when your earnings stop. They can adjust your benefits effective that month rather than waiting until the end of the year, which could mean receiving benefits sooner than you think. Wishing you the best as you navigate this complex situation. You're asking all the right questions!
This is really comprehensive advice, thank you Oliver! The "what-if" scenario analysis sounds extremely helpful - I didn't know SSA could do that kind of detailed comparison. I'll definitely ask for that at my appointment. And you're absolutely right about checking with the state workers comp board too. I've been so focused on the federal Social Security rules that I hadn't thought about potential state-level coordination issues. Better to understand all the moving pieces now. The timing tip about notifying SSA immediately when earnings stop is gold - I was thinking I'd have to wait until year-end to see any benefit changes. If I can start receiving benefits in June when I actually retire rather than waiting until January, that could make a significant financial difference. Thank you for taking the time to provide such thoughtful guidance during what really is an overwhelming time.
i had a friend who just ignored the overpayment notices and nothing happened for like a year then they started taking $75 out of her check each month. she said its better than paying it all back at once
This is extremely risky advice. If you ignore overpayment notices, SSA can and will eventually: 1. Take up to 100% of your SSDI check 2. Garnish tax refunds 3. Report to credit bureaus 4. Eventually refer to Treasury for collection Always respond to overpayment notices even if you disagree with them. Filing a proper appeal stops collection while the appeal is pending, which protects your benefits while you fight the decision properly.
I went through almost the exact same situation last year with my SSDI overpayment. The key thing that saved me was getting a complete copy of my SSA file through a Freedom of Information Act request - it showed exactly when they received my workers' comp information and that they had it when they calculated my backpay. Also, don't let them rush you into accepting a payment plan! If your brother truly wasn't at fault (which it sounds like he wasn't), he should be able to get the entire overpayment waived. I almost agreed to pay $50/month because I was so stressed, but my advocate told me to hold out for full waiver. It took 8 months but they eventually approved it. One more tip - if he has to do a phone conference, ask for it to be recorded. They're required to do this if you request it, and it protects you if they misrepresent what was said. The recording becomes part of your official file.
Thank you so much for sharing your experience! The FOIA request is brilliant - I hadn't thought of that but it makes perfect sense to get the complete file showing exactly what they knew and when. Eight months sounds like a long time to wait but getting the full waiver approved must have been such a relief. I'm definitely going to tell my brother about requesting the phone conference be recorded. That's really smart protection, especially since he's already had different representatives tell him conflicting things. Did you have to do anything special to request the recording, or just ask when they called? Your point about not rushing into a payment plan is so important too. The stress of this whole situation makes you want to just agree to anything to make it go away, but you're absolutely right that he should hold out for the full waiver if he wasn't at fault.
One additional point worth mentioning: If your mother is getting misinformation at her local office, she can request to speak with a Technical Expert who specializes in survivor benefits and the GPO. Not all SSA representatives are equally familiar with these provisions. Also, remind her that even if she's only eligible for a small monthly amount after the GPO reduction, it's still worth applying. These benefits include annual cost-of-living adjustments (COLAs), which can add up over time.
I'm a retired teacher who went through this exact situation with my late husband's benefits about 6 months ago. The key thing that helped me was being persistent and asking the right questions. When I first went to SSA, they told me I wasn't eligible for anything because of my pension. But I kept reading online and knew that wasn't right. What finally worked was calling the national SSA number (1-800-772-1213) and specifically asking to speak with someone about "survivor benefits for divorced spouses subject to GPO." I had to wait on hold for 2 hours, but I got someone who actually knew the rules. Turns out I was eligible for about $180/month after the GPO reduction. Make sure your mom emphasizes that she was married for MORE than 10 years (17 years in her case) and that she never remarried. Those are the key eligibility factors. Also, bring multiple copies of everything - they kept my documents for weeks during processing. Don't let them brush her off. She has rights under current law even if the new legislation hasn't passed yet!
This is incredibly helpful - thank you for sharing your experience! It's so encouraging to hear from someone who actually went through this successfully. I'm definitely going to have my mom call that national number and use those exact words about "survivor benefits for divorced spouses subject to GPO." The fact that you got $180/month after the reduction gives me hope that it might be worthwhile for her too. I really appreciate you taking the time to share the specific steps that worked for you!
wait i'm confused... doesnt the earnings limit go away at 62? or is it 67? my brother is dealing with this too
The earnings limit applies until you reach your full retirement age (FRA), which is between 66-67 depending on your birth year. At that point, you can earn any amount without reduction in benefits. There's no special rule at 62 - that's just the earliest age you can claim regular retirement benefits.
I'm sorry for your loss, and I understand how confusing this whole situation can be. You're actually doing everything right! The key thing to remember is that even though your survivor benefit is reduced because you claimed at 60, you still have the flexibility to switch to your own retirement benefit later if it's higher. Since you're planning to wait until 70 for your own benefit, you'll get those delayed retirement credits that can make your own benefit significantly higher than the survivor benefit. The months where you don't receive survivor payments due to working aren't "lost" - you're still building up your own Social Security record during that time. One tip: keep track of your earnings each year and maybe consider using the SSA website to estimate what your benefit will be at 70. That way you can plan ahead and know for sure which benefit will be better when the time comes to switch.
Lydia Santiago
Update: I submitted the form with my brother listed and his current jail address, with a note that he's being transferred soon. The SSA rep I finally spoke with (thanks for the Claimyr suggestion!) said that was exactly the right approach. She also said I should contact them once he's transferred to update his address in their system. Thanks everyone for your help!
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Romeo Quest
•Glad to hear it worked out! Keep all documentation of your representative payee application and approval. You'll need to submit the annual accounting form (SSA-623) every year, so start keeping good records of how you manage your mother's benefits. This will make the annual reporting much easier.
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Zoe Papadopoulos
Great to see this worked out for you! Just wanted to add for anyone else in a similar situation - when dealing with incarcerated family members on SSA forms, it's also helpful to keep a record of the facility's booking number or inmate ID if you have it. This can make it easier for SSA to verify the information if they need to. Also, most correctional facilities have specific procedures for official mail, so when you do need to update SSA with the new prison address later, make sure you get the complete mailing format from the facility (they often require specific formatting with inmate numbers, housing units, etc.).
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