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One more thing - print out a copy of the actual legislation repealing WEP/GPO and take it with you when you go to the SSA office. I've learned from dealing with them for years that many employees don't stay updated on policy changes. Having the actual law in your hand can save you from being given incorrect information. And if the first person you talk to seems confused, politely ask to speak with a technical expert or supervisor who specializes in WEP/GPO issues.
One thing nobody's mentioned - if he gets approved for SSDI with an onset date from 20 years ago, does he qualify for any back payments? Seems like the system should compensate him for all those years he could have collected but chose to work instead.
Unfortunately, SSDI back payments are limited to 12 months prior to application date, regardless of when the disability began. It's one of those policies that can feel really unfair, especially to people who tried to keep working despite qualifying disabilities. The system doesn't really have a mechanism to compensate people who chose work over benefits historically.
This is actually a common misunderstanding about SSDI and Medicare. The 24-month waiting period for Medicare begins when you become entitled to SSDI benefits, which is typically 5 months after your established onset date (due to the SSDI 5-month waiting period). However, since your brother-in-law has been disabled for 20 years but never applied, his entitlement date would begin 5 months after he applies and gets approved (assuming they establish his onset date as recent). If he can prove he met the disability criteria continuously for the past 20 years, the onset date might be set far back, but SSA will only pay benefits 12 months retroactively from application date. The Medicare clock would still start from his first SSDI entitlement, not from the onset date 20 years ago. Only time actually receiving SSDI benefits counts toward the Medicare waiting period.
One more important thing to consider: If you're still working, the earnings test might apply until you reach your FRA. In 2025, you can earn up to $22,150 without any reduction in benefits. Above that, they withhold $1 in benefits for every $2 earned. Are you still working, and if so, do you earn above this threshold?
I called back to SSA three times and got three slightly different answers about my survivor benefits. The third rep finally took the time to do the actual calculation with me on the phone and explain each step. Don't be afraid to keep calling until you get someone who will take the time to go through the full calculation with you so you understand exactly what you'll be receiving.
The original poster should also know that the surviving parent needs to report her own earned income to Social Security if she's receiving the mother/father with child-in-care benefit. For 2025, if she earns over approximately $22,320, her benefit (not the children's) will be reduced by $1 for every $2 she earns above that limit. The children's benefits are safe regardless of the parent's income.
my heart goes out to you and your family during this difficult time. losing a loved one is hard enough without having to figure out all these complicated financial issues. sending hugs to you and those kiddos.
Hannah White
What happens when they convert her from disability to retirement? Will the payment amount change? My wife is worried about that part.
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Mateo Silva
•Generally, the payment amount stays exactly the same when SSDI converts to retirement benefits at FRA. It's basically just an administrative change in how SSA categorizes the benefit. The only difference is that after conversion, the work restrictions go away. However, if she's been earning enough to increase her Primary Insurance Amount (PIA) since she started receiving disability, there's a possibility of a slight increase. But that's not common and would typically be a small amount.
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Samantha Johnson
Update: I finally got through to SSA! The representative confirmed that my wife can take the extra shift since she'll still be under the SGA limit. They also checked and said she hasn't used any of her Trial Work Period months yet, which is good to know for the future. Thanks everyone for your help!
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Michael Green
•That's great news! Remember to keep track of her earnings each month just to be safe. We set up a simple spreadsheet for my husband's work hours that was super helpful when we had to verify things with SSA later.
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