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Should I file SSDI reconsideration now or wait for upcoming medical tests? Denied for nerve damage disability
I just got my SSDI denial letter dated 2/21 - supposedly I can go back to my warehouse supervisor job despite severe nerve damage in my lower back and legs. My doctor says that's completely unrealistic given my condition. I have 60 days to file for reconsideration, which puts my deadline around late April. Here's my dilemma: I have an MRI scheduled for 3/15 and then a neurosurgeon consult on 3/28. The neurosurgeon already mentioned likely recommending a series of nerve ablation procedures with potentially 8-10 months recovery between treatments. There's no way I'm returning to work anytime soon. Should I file the reconsideration request now using my current medical evidence and then submit the new results when they come in? Or wait until after these appointments to file with the stronger medical evidence included? Both options would be within my 60-day window, but I'm not sure which approach gives me the best chance of approval. Anyone been through this process recently?
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Social Security overpayment discrepancy - Can I file for Reconsideration after already submitting Waiver request?
I'm in a mess with Social Security over an alleged overpayment of $5,890. When I first got the notice last month, I panicked and followed the advice of someone at my local SSA office who suggested I just file for a Waiver. Now I'm realizing that was probably a mistake. After looking more closely at their calculations, I'm convinced the numbers are actually wrong. There's a 4-month period where they claim I was working above SGA, but my records show I was well below the threshold. I have all my pay stubs to prove it. My question is: Can I still file for a Request for Reconsideration even though I've already submitted a Waiver request that's still pending? I'm worried I messed up by skipping the reconsideration step. The waiver decision hasn't come through yet, but I'm nervous they'll deny it and then I'll have missed my chance to challenge the actual calculation. Has anyone dealt with something similar? I'm kicking myself for not understanding the process better from the start!
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Update: I went ahead and submitted my Request for Reconsideration today with copies of all my pay stubs. The representative at the field office initially gave me a hard time about having a waiver already pending, but when I explained I was disputing the calculation itself, she finally accepted it. Now I'm just anxiously waiting. Thank you all for your advice!
Great job! That was absolutely the right move. Make sure you keep copies of everything you submitted, and get a receipt if possible. Reconsiderations can take 2-3 months to process, so don't panic if you don't hear anything right away. If they start making deductions from your benefits before the reconsideration is complete, you can request that they temporarily stop the collection while your appeal is pending.
I went thru something like this but with Medicare premiums that they said I owed from 3 years ago?? I found out that if you request reconsideration they are supposed to pause collecting the overpayment until they make a decision. You might need to specifically ask for this though, they don't volunteer it!
Social Security benefits with age gap (64/52) and self-employment income concerns - where to start?
My husband is turning 64 next week while I'm only 52, and I'm completely overwhelmed trying to figure out our Social Security strategy! We've both been self-employed small business owners for nearly 30 years, and I'm worried because we've always maximized deductions to minimize our taxable income. I just realized this might have seriously impacted our future Social Security benefits! Does anyone know if Social Security calculates benefits based on our entire working history or just the last few years? And with our 12-year age gap, what should we be focusing on right now? I'm wondering if one of us should try getting a W-2 job for these final years before my husband reaches his full retirement age to boost our benefits. Is that even worth doing at this point? Also completely confused about how Medicare fits into all this since he'll be eligible for that soon. Are there any good resources that explain everything in plain English for self-employed couples with age differences? Any advice would be really appreciated!
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For your specific situation with a 12-year age gap, here's what you should consider: 1. Your husband should coordinate Medicare enrollment at 65 regardless of when he takes Social Security 2. Since you're only 52, you have 10+ years before you reach your own eligibility for retirement benefits 3. Given your age difference, maximizing your husband's benefit has long-term advantages: - Higher survivor benefits for you if he passes away first - Increased household income when you're both in your 70s and 80s - Protection against longevity risk (outliving your money) 4. For self-employed individuals with historically low reported income: - Yes, working a W-2 job with higher reported income for even 3-5 years can significantly increase benefits - Consider restructuring your business to pay yourselves higher W-2 wages if possible - Look into voluntary increased contributions to Social Security (there are limitations) The book recommendation from another commenter is excellent. I'd also suggest scheduling a consultation with an SSA claims specialist to review your specific earnings record and options. Their expertise is free and they can model different claiming strategies based on your exact situation.
Can I get Social Security survivor benefits if our marriage might not have been legal due to delayed divorce decree?
I'm in a really complicated situation regarding survivor benefits and don't know if I qualify. My partner of 8 years passed away unexpectedly last month. We had a marriage ceremony in Arizona in 2020 right after what I thought was my finalized divorce from my previous husband. We have a certified marriage certificate from AZ and everything. The problem is, while my divorce hearing was in January 2020, I just discovered the actual divorce decree wasn't issued until 2022 (they blamed 'pandemic delays' but that's ridiculous). So technically, I might have still been married to my ex when I married my late partner. Now I'm trying to figure out if I can even apply for survivor benefits. We were together for 8 years but possibly only 'legally' married for 1 year if the marriage counts from when my divorce was actually finalized. We always filed taxes as 'married filing separately' but I'm not sure if that helps prove anything to SSA. Has anyone dealt with something similar or know what SSA considers a valid marriage in cases like this? I'm 58 and really counting on those survivor benefits.
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One more thing to consider: if you can't qualify for survivor benefits based on this marriage, check if you might qualify based on your previous marriage if it lasted at least 10 years. If you were married to your ex for 10+ years, you could potentially claim survivor benefits on his record when he passes (or even spousal benefits if he's still living and you're both old enough). Also, when you apply, bring any evidence that you held yourselves out as married to the community - joint bank accounts, insurance policies listing each other as spouses, deeds or leases showing both names, even holiday cards addressed to you as a married couple. SSA looks at the totality of circumstances in cases like yours.
Unfortunately my previous marriage only lasted 8 years, so that won't help. But the tip about bringing evidence we presented ourselves as married is super helpful! I have plenty of that - insurance policies, joint accounts, even our wills that refer to each other as spouses. I'll gather all of that before applying. Thank you!
Can my husband claim my SSDI survivor benefits then switch to his own Social Security at 70?
I'm trying to figure out our retirement strategy and need some help with survivor benefits. I'm 63 and receiving SSDI ($2,100/month) while my husband is 60 and still working. Our current plan is for him to retire at 62 but delay claiming his Social Security until age 70 to maximize his benefit (his projected benefit is around $3,400/month at age 70). My question is about what happens if I pass away before he turns 70. Could he start receiving survivor benefits based on my SSDI amount and then switch to his own higher benefit when he turns 70? Or would taking survivor benefits somehow mess up his ability to get his maximum benefit later? I've tried reading the SSA website but got confused about whether survival benefits work differently when the deceased spouse was on disability vs. regular retirement benefits. Also, does it matter that he'll be retired but not taking benefits during those years between 62-70? Thanks for any help understanding this!
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wait im confused now... so if her husband takes survivor benefits at 60 but keeps working until 62, would he lose some of those payments? and does the survivor benefit amount depend on when she dies or is it always the same?
Let me clarify both points: 1. Yes, if he claims survivor benefits before his FRA while still working, the earnings test would apply. For 2025, he can earn approximately $22,320 before benefits are affected. Above that, $1 in benefits is withheld for every $2 earned. So if he's earning substantially more than that limit, some or all of his survivor benefits could be temporarily withheld. 2. The survivor benefit amount is based on several factors: - If the deceased was already receiving benefits, the survivor benefit is generally based on that amount - If the deceased wasn't receiving benefits, it's based on what they would have received at their FRA - The survivor's age when they claim affects the percentage they receive (reduced if claiming before their own FRA) In the original poster's case, since she's already receiving SSDI, her husband's survivor benefit would be based on her current benefit amount (potentially with adjustments), then reduced if he claims before his FRA.
Thanks everyone for all the helpful information! Based on your responses, it sounds like our plan makes sense. My husband will probably wait until he actually retires at 62 to claim any survivor benefits (if I pass away before then) to avoid the earnings test issues. Then he can still switch to his own benefit at 70. Can anyone recommend the best way to get this strategy confirmed officially with SSA? Should we make an appointment at our local office or is there a specific department we should call?
For complex claiming strategies like this, I'd recommend scheduling an in-person appointment at your local SSA office. Bring documentation showing both your current SSDI benefit amount and your husband's latest Social Security statement showing his projected benefits at different ages. When you make the appointment, specifically request to speak with a "Technical Expert" rather than a regular Claims Representative. Technical Experts have more specialized training on complex benefits scenarios. You might also want to print relevant sections from SSA's Program Operations Manual System (POMS) about survivor benefits and switching between benefit types. This is the internal rulebook SSA employees use, and having the exact references can help ensure you get accurate information. The relevant sections are DI 10115 for SSDI conversion to survivor benefits and RS 00615 for switching between different benefit types. Finally, get any advice in writing if possible, or take detailed notes including the name of the SSA representative you speak with.
Ethan Clark
my cousin waited til last week of deadline to file reconsideration and then his internet went out! ended up having to drive 2 hours to nearest SSA office that had appointments! dont wait!
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Zara Shah
One more thing I forgot to mention - make sure you're seeing doctors who are willing to fill out an RFC (Residual Functional Capacity) form for you. That carries a lot more weight than just regular medical records. Your neurosurgeon might be willing to complete one after your consultation. This was a game-changer for my case after my initial denial.
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Sean Flanagan
AuthorI've never heard of an RFC form before. Is that something I can download and bring to my doctor?
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Luca Ferrari
Yes, you can find RFC forms online, or the SSA can provide one. It's essentially a detailed form where your doctor documents exactly what you can and cannot do physically (sitting, standing, lifting, etc.). Since the SSA denied you because they think you can return to your previous work, having your doctor specifically address why you cannot perform those job duties on an RFC form is extremely valuable evidence.
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