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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!
Yes, they said my own benefit at FRA would be about $2,650. So the ex-spousal benefit would be less than my own even at FRA. And waiting until 70 gives me an extra $800/month for potentially decades. Since I'm still working part-time and have some savings, I think I can make it work financially until 70.
That sounds like a solid plan given your numbers. The 8% per year delayed retirement credits between FRA and 70 are hard to beat as a guaranteed return. Just remember that if you're still working before FRA and decide to claim any benefits, you might be subject to the earnings test, which could reduce your benefits temporarily. After FRA, the earnings test no longer applies.
Great job getting all that information sorted out! Just wanted to add that you should also consider getting a my Social Security account at ssa.gov if you don't already have one. It'll show you projections of your benefits at different claiming ages and update annually with your latest earnings. Also, since you're planning to wait until 70, make sure to file your application about 3 months before your 70th birthday - benefits can't be paid retroactively beyond 6 months, so you don't want to accidentally lose any money by filing too late. The delayed retirement credits stop accumulating after age 70, so there's no benefit to waiting beyond that point.
This is really helpful advice! I actually do have a my Social Security account but I hadn't thought about the timing of filing the application. So I should apply about 3 months before I turn 70 to make sure I don't miss any payments? That's good to know - I would have probably waited until my actual birthday and potentially lost money. Thanks for the tip about delayed credits stopping at 70 too. It's reassuring to know there's a clear endpoint to the waiting strategy.
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.
Thanks everyone for the advice! After weighing all options, I think I'm going to: 1. Use that Claimyr service to actually speak with someone at SSA about my specific situation 2. File for SS retirement now to cover the gap when my NJ disability ends 3. Accept that there will be a permanent reduction, but it's better than draining my 401k 4. When I return to work, let them withhold benefits as needed based on my earnings The clarification about how they adjust the benefit at FRA for withheld months was really helpful. Still not ideal, but seems like the best option in my situation. I'll also check with my employer about whether long-term disability might kick in after my short-term benefits end, and look into the unemployment suggestion too. Every bit helps during recovery!
That sounds like a solid plan! You've clearly done your homework on this. One additional thing to consider - make sure to keep detailed records of your medical appointments and recovery progress. If your recovery takes longer than expected and you end up needing to apply for SSDI after all, having that documentation will be crucial for your case. Also, when you do speak with the SSA representative through Claimyr, ask them about the "do-over" rule (withdrawal of application). You have 12 months from when you first receive benefits to completely withdraw your application and pay back what you received, essentially getting a fresh start. It's rarely worth it financially, but good to know it exists as an option if your situation changes dramatically. Best of luck with your recovery! Taking care of your health is the most important thing right now.
Lim Wong
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
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Ayla Kumar
•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.
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Effie Alexander
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.
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James Johnson
•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.
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