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Update: I FINALLY got through to someone at SSA after trying for days. The agent explained that I misunderstood how the monthly earnings test works. She said that in the first year of retirement, they look at any month where I earned under the limit AND didn't perform "substantial services" as a month I should receive benefits, regardless of my annual total. But here's the catch - they're saying my part-time work still counts as "substantial services" even though I'm earning under the monthly limit! Apparently because I'm working more than 15 hours weekly at the bookstore (I work about 22 hours), they're considering it substantial work. This feels like a complete gotcha - stay under the earnings limit but still get penalized because of hours? I'm going to request a formal review. This just doesn't seem right.
The "substantial services" rule primarily applies to self-employment, not wage employment. For regular employment, they should only be looking at your earnings, not your hours. It sounds like the representative may have confused the two tests or incorrectly applied self-employment rules to your wage employment situation. Definitely request a formal review and bring documentation showing: 1. When you reduced your work from full-time to part-time 2. Your monthly earnings after starting benefits 3. That you're a wage earner, not self-employed The "substantial services" hour limit should not apply to your bookstore job if you're a regular employee (W-2, not 1099).
Reading through all this, I'm seriously considering just waiting until I hit my FRA to avoid this mess altogether. The rules are way more complicated than they initially appear, and it sounds like even the SSA reps give conflicting information. Losing a few months of benefits might be worth avoiding the headache!
my uncle worked for govt and when he died my aunt got like half his pension. she said the paperwork was a mess though. good luck
One thing nobody mentioned - if you're planning to work while collecting survivor benefits, be aware of the earnings limit! In 2025 if you earn over $24,000 (I think that's the new amount), they'll deduct $1 from benefits for every $2 you earn above that limit. The limit goes away when you reach full retirement age though.
That's really good to know! I do work part-time and was planning to continue. Does that earnings limit apply to all types of income or just wages from a job?
The earnings limit only applies to wages from employment or net earnings from self-employment. It doesn't count investment income, interest, pensions, annuities, capital gains, or other government benefits. Also, if your benefits are reduced because of the earnings limit, you'll get credit for those months when you reach full retirement age, resulting in a higher benefit amount later.
Just curious - did you or your wife pay into Social Security? If your wife didn't have enough work credits that could be another issue. For survivor benefits the deceased needs 40 credits (10 years work) OR if they died young sometimes fewer credits. But SOMEONE needs to have paid in for benefits to be available.
Based on everything you've shared, I believe you have a case worth pursuing. The fact that: 1. You both had legal custody before your wife passed 2. You were actively in the adoption process 3. You were providing support and care for the child 4. Your wife had sufficient work credits All point to a potential approval with proper representation. I'd suggest: 1. Contact the National Organization of Social Security Claimants' Representatives (NOSSCR) to find a qualified attorney 2. Gather ALL documentation showing the timeline of custody, adoption process, and your wife's involvement 3. Request a formal reconsideration rather than just calling again 4. Reference your previous inquiry to maintain the retroactive date I've seen cases like yours succeed, but they typically require persistence and proper legal representation.
my aunt got divorced after 11 years and she gets benefits from my uncles record even tho they HATE each other lol. social security doesnt care about your feelings just the years!! but she had to wait until he retired before she could claim anything
That's only partially correct. If you've been divorced for at least 2 years, you can claim benefits on your ex's record even if they haven't applied for benefits yet, as long as you're both eligible for benefits (generally age 62+). The requirement that your ex needs to have filed only applies if the divorce was less than 2 years ago.
One additional consideration about your business situation: If you're both taking salaries from the business, ensure you're maximizing your own Social Security contributions. Many business owners make the mistake of minimizing payroll taxes, but this can significantly reduce your future Social Security benefits. Since you mention your benefit is much lower than his, you might want to restructure your compensation to increase your reported earnings (up to the SS wage base of $168,600 for 2025) for your remaining working years. This could potentially increase your own retirement benefit, which might be valuable regardless of what happens with your marital status.
That's brilliant advice I hadn't considered! We've been doing exactly what you described - minimizing payroll and taking more as distributions to reduce taxes. But you're right that this hurts my SS record. I'll talk to our accountant about restructuring my compensation to maximize SS contributions for these last few years before retirement. Thank you!
AstroAdventurer
wat about if u work part time after retiring? My neighbor works 2 days a week at walmart and still gets ss but shes over 67 i think
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Natasha Kuznetsova
•That's a different situation. Once you reach your Full Retirement Age (currently 67 for people born in 1960 or later), there's NO earnings limit. You can work and earn as much as you want without any reduction in benefits. The earnings test only applies to people who claim before their FRA. The original poster is claiming about a year before FRA, so they need to stay under the annual limit (about $21,240 for 2025).
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Oliver Schulz
I just called my HR department and they actually weren't sure how this would be reported! They're checking with payroll. This is making me really nervous now. Should I just delay my SS application by a month to avoid this issue completely?
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Ravi Gupta
•Delaying by a month would certainly eliminate this particular issue, though it would mean one less month of benefits. Another option is to proceed with your application but include a detailed explanation letter with your supporting documentation regarding the final paycheck. Either approach is valid - it depends on your risk tolerance versus your immediate need for benefits. If you don't urgently need that first month's payment, delaying might save you potential headaches.
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