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I want to add some clarification about when and how to report earnings to SSA in your situation: 1. Initial report: When you start working, call and inform them of your employment start date and estimated earnings. 2. Monthly reporting is NOT required for most beneficiaries. However, given your variable income, you might want to report quarterly or whenever you have a significant change from your estimate. 3. Annual reporting: You'll receive a form (SSA-632) at the beginning of each year to report your previous year's earnings. 4. Once your mother's benefits terminate in October, your earnings will no longer matter for Social Security purposes until you decide to file for your own retirement benefits in the future. 5. Keep documentation of all your communications with SSA (dates, representative names, what was discussed). The earnings test can be confusing, but in your case, focusing on the monthly limit until October is the correct approach.
That form number is WRONG! The annual earnings report form is SSA-7070, not SSA-632. The 632 is for overpayment waiver requests - I know because I had to fill one out when they messed up MY earnings calculations! This is exactly the problem with SSA - even people who sound like they know what they're talking about get details wrong and then WE have to deal with the consequences!
When my husband passed a few years ago, I had a similar situation with the earnings test. My main advice is to OVER-report rather than under-report. I called SSA at the beginning of the year, mid-year when my income changed, and then again near year-end. It was annoying but I never had an overpayment issue. Just make sure you're tracking everything. Also, don't forget that your children's benefits continue until they graduate high school (if they're still in school at 18) - you'll need to complete some additional paperwork for that extension.
Thank you for sharing your experience! That's a good point about school attendance - my older one will be 18 before graduating high school, so I'll need to look into that paperwork. And I'm definitely planning to over-report rather than risk dealing with overpayments later.
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My uncle was a state worker and my aunt couldn't get his SS either, something about the windfall provision I think? But she got his pension so it worked out ok. Good luck!
Just to avoid confusion: State workers who don't pay into Social Security don't earn Social Security benefits, so there are no SS benefits to claim from them. That's different from the Windfall Elimination Provision (WEP), which reduces your own SS benefits if you also receive a pension from non-covered work. The Government Pension Offset (GPO) reduces spousal/survivor benefits if you receive a pension from non-covered work. But in the original poster's case, if she's not receiving a pension from her third husband's state work, these provisions likely don't apply to her.
After reading through all the comments, I think your situation is actually more straightforward than it might seem. Since you were married to your first husband for more than 10 years before divorcing, and you'll be 60 when applying, you should be eligible for survivor benefits on his record now that he's deceased. The fact that you later married other people doesn't affect this eligibility since you're over 60 now. When you contact SSA, ask specifically about 'surviving divorced spouse benefits.' Also, make sure to compare this amount with what you might get on your own record when you reach 62, as you can switch to whichever is higher later.
Thank you so much for this clear explanation. I'll specifically ask about 'surviving divorced spouse benefits' when I contact them. It's a relief to know that my later marriages don't complicate my eligibility since I'm turning 60. I truly appreciate everyone's help!
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One more thing you should know: The fact that you didn't file earlier may actually work in your favor regarding retroactivity. Since you never received a formal denial, you could potentially argue that misinformation from an SSA employee prevented you from filing. This is called \
This is incredibly helpful information I had no idea about. I'll definitely bring up the misinformation form and ask about establishing a protective filing date from my 2020 visit. I remember it was in March 2020, right before the pandemic shut everything down. I imagine that might have contributed to the rushed service. Thank you so much for this suggestion!
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Quick clarification on your question about your husband's early retirement affecting your survivor benefits: Since your husband claimed at 62 and passed at 65 (before his FRA), your maximum survivor benefit would be the higher of: 1. The benefit he was receiving when he died (reduced for his early claiming) 2. 82.5% of his Primary Insurance Amount (what he would've gotten at his FRA) However, this maximum amount will then be reduced by the GPO (2/3 of your government pension). And if you claim before your survivor FRA (66 and 10 months), it would be further reduced for early claiming. The claiming strategy gets quite complex with GPO involved. If your government pension is substantial, it might wipe out most or all of your survivor benefit regardless of when you claim.
This is starting to make sense now. So even though my husband claimed early, I might still be entitled to 82.5% of what he would have received at his FRA rather than his reduced benefit. But then the GPO reduction happens after that calculation. I think this explains why one rep told me I'd only get about 1/3 of his benefit after all the reductions. I need to find out exactly what my monthly pension will be to calculate the GPO impact accurately.
have u checked if there was a lump sum death benefit? its only $255 but its something. also did u get the check for the month he died? my FIL died on the 29th and they took back his last payment because they said he wasnt alive the whole month which seemed really unfair
Yes, I did receive the $255 death benefit already. And you're right about them taking back the last month's payment - they explained that Social Security benefits are paid in arrears (for the previous month), so if the person doesn't live through the entire month, they take it back. It doesn't seem fair but apparently that's the rule.
Klaus Schmidt
One more thing - DOCUMENT EVERYTHING!! Write down every conversation with SSA, get names of reps, take screenshots of your MySocialSecurity account info!!!! Trust me on this!!!!!
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Amara Okafor
Thank you all for the helpful advice! I'm going to put together all these calculations before I make my filing decision. It sounds like my husband should definitely apply for the spousal benefit once I file, regardless of when I decide to start taking benefits. I'll make sure to document everything and specifically mention the WEP-spousal benefit calculation when we apply. And I'll definitely look into that Claimyr service - sounds like it could save a lot of frustration with the phone calls. I really appreciate everyone taking the time to explain this complicated situation!
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