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When my mother had a similar issue with SSA misclassifying some income, we ended up contacting our Congressional representative's office. They have caseworkers who deal with federal agencies, and they contacted SSA on her behalf. The issue was resolved within 3 weeks after struggling for months on our own. Might be worth considering if your local office visit doesn't help.
I never thought about involving my representative. That's a great backup plan if the local office visit and Form SSA-632 don't work. Thanks for sharing what worked for your mother.
And watch out for the tax implications too!! If they eventually rule in your favor and pay back all the money they took, they might count THAT as income for the year they repay you!!! The whole system is a NIGHTMARE of circular problems!!!
This is partially correct. If they repay withheld benefits, it's not counted as new income, but you may need to file an amended return for the tax year in which the overpayment occurred. The IRS has specific rules for Social Security repayments under the "claim of right" doctrine. You'll want to consult with a tax professional when this is resolved.
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My sister worked for SSA for 35 years and told me they NEVER automatically give you the best deal! You HAVE to ask specifically or they'll just keep quiet and you lose money forever! They shoulda told you all this when you first applied but they dont care about us seniors!
This isn't entirely accurate. While it's always good to be informed about your benefits, the SSA systems are designed to automatically calculate dual entitlement (when someone is eligible for their own retirement plus spousal benefits). However, it is true that they don't automatically *advise* you on claiming strategies that might maximize your benefits. They'll process what you apply for, but they don't typically suggest when you should file or how to coordinate between spouses. That's why it's good to do research or talk to a financial advisor who specializes in Social Security claiming strategies.
Thank you all for the helpful information! I've learned so much from this discussion. We're going to reconsider when my husband should file based on all your advice about spousal and survivor benefits. I think we need to look at this as a family strategy rather than just individual benefits like someone suggested. I'm also going to make an appointment with our local SSA office to make sure we understand all our options before making a decision. The difference between filing at 65 versus waiting until 70 could mean tens of thousands of dollars over our lifetime. I really appreciate everyone taking the time to explain things so clearly!
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just make sure they apply within 30 days!!! SS doesn't backdate payments if u wait!
This isn't correct. SSA will backdate survivor benefit applications for up to 6 months, but not beyond that. So while it's best to apply immediately, the 30-day deadline mentioned isn't accurate. They shouldn't delay, but they have more than 30 days.
Random question but did your sister-in-law ever work for a state government that didn't participate in Social Security? My aunt found out her husband's survivor benefits were reduced because of something called the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). Just something to look into if she ever had non-SS employment.
That's a good point to consider. Fortunately, my sister-in-law only worked in the private sector, so WEP and GPO shouldn't apply in her case. I appreciate you bringing this up though - it could help someone else reading this thread.
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has she checked out the state medicaid? my sister got on that while waiting for disability and it covered all her heart meds and doctor visits. the income limits are pretty low but if shes not working much might qualify???
This is good advice. Medicaid eligibility varies by state, but it's definitely worth checking. Some states have expanded Medicaid coverage for adults with limited income. There are also prescription assistance programs like GoodRx or NeedyMeds that might help reduce medication costs significantly.
To address your question about whether she should have avoided applying for retirement: Unfortunately, that's a complicated cost-benefit analysis everyone in this situation needs to make individually. Pros of taking early retirement during SSDI appeal: - Immediate income - Possible Medicare eligibility after 24 months Cons: - Permanently reduced benefits if SSDI claim ultimately fails - Slightly complicates the disability case There's no clear right answer. About 45% of SSDI claims are approved at the ALJ hearing level, but that means many are still denied. The backlog for hearings is currently 12-18 months in most areas. If her condition is deteriorating without proper medical care, getting treatment through work insurance might actually strengthen her case by documenting her conditions better. Just make sure she doesn't push herself to the point of serious harm trying to maintain a job she truly cannot do.
That makes sense. I think at this point, her priority has to be getting the cardiac care she needs. Hopefully, the documentation from these new doctor visits will actually strengthen her case by showing how serious her condition is. Thank you for the balanced perspective.
Caden Turner
Another important consideration: Since you mentioned your ex-husband was a high earner and you worked in education, have you checked if you might be subject to the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO)? If you receive a pension from work not covered by Social Security (like some public school systems), it could affect your benefits.
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Clarissa Flair
•Thankfully I don't have to worry about WEP or GPO. I worked at private schools, not public, so all my earnings were covered by Social Security.
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Natalie Khan
I just want to say its really smart that your planning ahead like this. When my husband passed suddenly I was completely unprepared for all the complex benefit decisions and probly made some costly mistakes. Wishing you and your ex the best!!
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Clarissa Flair
•Thank you for your kind words. I'm sorry for your loss and appreciate you sharing your experience. It's helping me be better prepared.
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