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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.
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.
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???
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.
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.
my uncle waited til 70 to collect his SS even though he got medicare at 65. got an extra 30% on his monthly check cuz he waited! smart move if you can afford to wait
One thing I haven't seen mentioned yet is that if you decide to apply for Medicare only at 65, you'll need to pay the Medicare Part B premiums directly (they won't be deducted from your Social Security payment since you won't be receiving one yet). In 2025, the standard Part B premium is projected to be around $185-$190 per month, though it could be higher depending on your income. You'll receive quarterly bills from Medicare or can set up automatic payments from your bank account. Just something to budget for!
That's a really helpful point I hadn't considered. I'll make sure to budget for paying those premiums directly. Is the process for setting up automatic payments straightforward?
Yes, it's fairly simple. Medicare offers a program called Medicare Easy Pay, which allows automatic deductions from your checking or savings account. When you receive your first Medicare premium bill, it will include instructions for enrolling in Easy Pay. You'll need your Medicare number, bank information, and to complete a short form (SF-5510). You can also pay by credit card, check, or through your bank's online bill pay service.
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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