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my sister has a son with autism and she got him on SSI when he was 19. they denied him first time and she had to appeal. make sure you have good documentation from doctors and maybe even school records from when he was younger showing his limitations. they look at ability to work not just the diagnosis.
Regarding your question about using an attorney for disability claims: many people do succeed without attorneys for the initial application, but approval rates with professional representation increase significantly at the appeal stages. For initial applications, focus on thorough documentation: 1. Medical records showing diagnosis and functional limitations 2. Statement from treating physicians about work limitations 3. School records showing accommodations and challenges 4. Evidence of failed work attempts or job accommodations needed 5. Detailed description of daily activities and limitations If denied (and statistically, about 70% of initial applications are), then seriously consider a disability attorney for the appeal. They typically work on contingency (taking a percentage of backpay if you win, nothing if you don't), and the fee is capped by law. As for the family maximum calculation you asked about earlier - it's complex. The maximum is between 150-180% of your Primary Insurance Amount (your benefit at FRA). If the total of your benefit plus your children's benefits exceeds this maximum, their benefits (not yours) get proportionally reduced. This is why it's worth running the actual numbers for your specific situation before deciding when to file.
Thank you - this is extremely helpful! I'm going to request my Social Security statement online and look at the actual numbers. Based on everyone's advice, I think we need to: 1) Start the disability application process for our son immediately, 2) Carefully calculate whether filing early at 62 makes sense given the family maximum and my potential longevity, and 3) Consider consulting with a financial advisor who specializes in Social Security. I really appreciate everyone's insights!
my brother told me the same thing but its not true. husband benefit stays same no matter what you do
Just wanted to add - if you do decide to file, make sure you're clear about whether you're filing for just your retirement benefit or for both retirement and spousal benefits. The SSA representatives sometimes assume you want both when that might not be the best strategy. That's why I found it so helpful to actually speak with someone who could run through my specific numbers. After trying for days to reach someone at SSA, I used Claimyr (claimyr.com) and got through in minutes. The agent was able to show me exactly how much I'd receive with different filing strategies.
You're thinking of the right concept but applying it to the wrong situation. The "file and suspend" strategy that was eliminated by the 2015 rule changes was different - it allowed someone at FRA to file for benefits, immediately suspend them, and still allow their spouse to collect spousal benefits while their own benefit grew until age 70. What we're discussing here is different - it's about divorced spouse benefits, which follow different rules. A divorced spouse can claim benefits on their ex's record if both are at least 62 and they were married for at least 10 years, as long as they've been divorced for at least 2 years. This provision wasn't eliminated by the 2015 changes.
my neighbor said u can file now and then undo it within 12 months if u change ur mind. but u gotta pay back all the $$ they gave u
Your neighbor is correct about this. It's called a withdrawal of application (Form SSA-521). You can withdraw your Social Security retirement application within 12 months of first receiving benefits. You must repay all benefits received, including any benefits family members received based on your application. It's essentially a reset button, but it can only be used once in your lifetime. This could be a useful safety net if someone files early and then quickly regrets it or perhaps finds a good job opportunity shortly after filing.
the whole wep/gpo thing makes me so mad!! why should we be penalized just becuz we worked for the government?? regular people don't have their ss reduced! there's actually a bill in congress to reform this but it never goes anywhere.
The rationale behind WEP is that the Social Security benefit formula is weighted to give lower-income workers a higher percentage return on their contributions. Government employees with pensions from non-covered work appear to be 'low-income' in Social Security's system (since those earnings don't show up), and would receive this advantageous weighting without WEP. It's actually attempting to ensure equal treatment, though many argue it's implemented unfairly. The Social Security Fairness Act to repeal WEP/GPO has been introduced multiple times but hasn't passed.
After reading through all the responses, I think your best strategy is: 1. Confirm your FERS service was fully covered employment (it almost certainly was) 2. Calculate your WEP-reduced benefit using the SSA's online calculators 3. Calculate 50% of your wife's PIA (which she can find on her Social Security statement) 4. Compare these amounts to see if spousal benefits would be higher 5. If spousal benefits are higher, consider when your wife should file Since you're already past FRA, you'll get the full spousal benefit (if eligible). Your wife's decision to file at FRA vs. age 70 should be based on your joint life expectancy and financial needs. If she delays until 70, her benefit increases by 8% per year, which also increases potential spousal benefits for you.
This is excellent advice. I'll sit down with my wife this weekend and look at both our Social Security statements to do these calculations. She's leaning toward waiting until 70 now, especially if that means my spousal benefits would be higher too. I appreciate everyone's insights on this complicated topic!
Mateo Perez
Also wanted to mention that since your husband will be eligible for Medicare soon, make sure he enrolls when he turns 65 even if he continues working! Unless his employer has 20+ employees and he's on their health plan, in which case he can delay Medicare enrollment without penalties.
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Anastasia Ivanova
•Good point about Medicare! He works for a large company with good health insurance, so I think he can delay enrollment. But I'll double-check to make sure we don't mess that up too!
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Sean Murphy
One more important consideration: when your husband does file at his FRA of 67, make sure you immediately contact Social Security to apply for the spousal benefit supplement. This won't happen automatically! Many people miss out on higher benefits because they assume SSA automatically recalculates everything. Also, keep in mind that if your husband were to pass away (hopefully many years in the future), survivor benefits work differently than spousal benefits. As a widow, you would be eligible for up to 100% of what he was receiving, and WEP would not reduce that amount. This is an important consideration for long-term financial planning.
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Anastasia Ivanova
•Thank you SO much for pointing this out! I definitely would have assumed they would automatically adjust my benefit when my husband files. I'll make sure to contact them right away when he applies. And that's good to know about survivor benefits too - at least there's some protection there if something happens to him.
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