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Social Security withholding my check for stock sale from 2013 - appeal ignored for 3 months

I'm in a complete panic. SSA just started garnishing my Social Security retirement check claiming I was overpaid because of a stock sale from 10 YEARS AGO! My 2022 W2 showed proceeds from company stock options I earned back in 2013, and now they're counting it as current income. I filed a formal appeal over 3 months ago explaining this is NOT current income and I've heard NOTHING back. My online account shows no updates about the appeal status. Every time I call, the agents just say "it should be ok" and "just wait" - but they've already started TAKING MONEY from my monthly benefit! I'm terrified this is going to trigger higher Medicare IRMAA premiums too. It's already affecting my husband's benefits somehow. Has anyone successfully appealed an overpayment based on old stock sales? How long did it take? I'm losing sleep over this!

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.

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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.

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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!!!

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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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Can I switch to spousal Social Security benefits at 73 when my husband turns 65 next year?

I need some help understanding spousal Social Security benefits. I started taking my own SS benefits early at 62 (I'm 73 now), and my monthly payment is only about $1,250. My husband is turning 65 in October 2025 and hasn't filed for his benefits yet. His earnings were much higher than mine throughout our working years, and his estimated benefit is around $2,800 per month. What I'm confused about is whether I can get half of his benefit amount when he files? Would I be able to switch to a spousal benefit that's 50% of his amount since that would be more than what I'm getting now? Or am I stuck with my reduced benefit forever because I claimed early? I've tried reading the SSA website, but I get overwhelmed with all the technical information. If anyone could explain this in simple terms, I'd really appreciate it!

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!

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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.

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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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Can husband switch to higher survivor benefits when wife dies before reaching age 62? Special needs daughter involved

My older brother (72) is currently receiving Social Security retirement benefits, and his special needs daughter (38) receives benefits on his record (I believe she's now on SSDI). His wife—my sister-in-law—is only 61 and has terminal cancer with maybe weeks left. She was always the higher earner in their marriage by a significant amount. I'm trying to help my brother understand what happens benefit-wise when she passes. Since she's not even 62 yet, can my brother still qualify for survivor benefits based on her higher earnings? And what about their daughter—can she receive higher benefits based on my sister-in-law's record even though she never reached retirement age? The financial stress on top of everything else is really hurting my brother right now.

just make sure they apply within 30 days!!! SS doesn't backdate payments if u wait!

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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.

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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.

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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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Will taking job for health insurance hurt my pending SSDI appeal after claiming early SS retirement?

I'm in a complicated situation with Social Security and need some guidance. My sister has been fighting for SSDI for almost 2 years now. She initially filed in June 2023, with the claim going back to June 2022. After 18 months of waiting, SSA denied her claim in December 2024. She hired an attorney who filed an appeal but warned it would take at least another year to resolve. Since turning 62 last month, she went ahead and applied for early retirement benefits to have some income. The real problem is her health - she needs cardiac medications but can't get them because she hasn't seen a doctor recently due to no health insurance. She just accepted a part-time job primarily to get health insurance coverage. I'm worried because while her earnings will be below the retirement earnings limit ($22,320 in 2025), they'll definitely exceed the SGA amount ($1,550/month). She's already struggling with the job and doesn't think she can maintain it for long. My question is: Will taking this job hurt her pending disability appeal? Or could SSA view it as an unsuccessful work attempt if she can't keep it? I'm so concerned that she's messing up her disability case by trying to get the healthcare she desperately needs.

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???

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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.

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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.

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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.

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Will my teacher's pension reduce my Social Security benefits if I claim at 65 for Medicare?

I'm turning 65 in a few months and need to apply for Medicare, which means I also need to file for Social Security. Currently, I receive about $25,000 annually from my teacher's pension after retiring from education. When I talked to SSA, they mentioned something about not being able to earn more than $23,400 if I'm working while collecting benefits. Does my teacher's pension count as 'earnings' under this limit? Will my Social Security check be reduced because of my pension? I originally planned to wait until my Full Retirement Age at 67, but health issues are forcing me to get Medicare now. I'm really confused about the Windfall Elimination Provision and Government Pension Offset rules and whether they apply to my situation. Has anyone dealt with this teacher pension/Social Security coordination issue before?

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

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Amara Eze

Author

That's my ideal scenario! I was just misinformed that I had to take both at the same time. If I can get Medicare now and wait on SS until 67 or even 70, that would be wonderful.

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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!

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Amara Eze

Author

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?

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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.

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