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just want to point out something nobody mentioned - when ur husband files makes NO difference to your spousal benefit amount!! your spousal benefit is based on his PRIMARY INSURANCE AMOUNT (his benefit at full retirement age), not whatever benefit he actually receives when he files. so if his PIA is $2000, your max spousal is $1000 (50%) whether he files at 62, 67, or 70!!!
The previous commenter is absolutely correct, and it's an important point that's often misunderstood. Your spousal benefit is based on 50% of your husband's Primary Insurance Amount (PIA), which is his benefit at full retirement age - NOT the increased amount he would get by delaying beyond FRA. So from a spousal benefit perspective, there's no advantage to your husband waiting to file beyond his FRA, as your benefit amount won't increase. This is different from survivor benefits, which ARE based on the actual amount he was receiving (including any delayed retirement credits). Given this information, if your financial situation allows it, it often makes mathematical sense for the higher-earning spouse to file at FRA if the other spouse is eligible for spousal benefits only. The exception would be if there are strong reasons to maximize the survivor benefit (e.g., significant age difference or health considerations).
Just to add a practical note - if your brother-in-law's bipolar disorder includes periods where he has trouble managing his finances, you might want to look into becoming his representative payee. My daughter has bipolar and during manic episodes, she would spend all her money immediately, leaving nothing for rent and necessities. Being a rep payee allowed me to ensure her benefits were used for housing and basic needs first. It's a bit of paperwork but worth considering if money management is an issue during episodes. SSA has a specific form for this (SSA-11).
A quick update on timing expectations: the reconsideration phase typically takes 3-5 months (though some areas are faster). If denied again, requesting a hearing before an Administrative Law Judge (ALJ) can take 8-12+ months depending on your location. The good news is that the ALJ approval rate is much higher (around 50%) than initial applications or reconsideration. With appropriate medical documentation and attorney representation, those odds improve significantly. For SSI/SSDI concurrent benefits calculation: if he's approved for SSDI at $1,200/month, his SSI would be reduced to approximately $743 (current $943 SSI minus $200), for a total of $1,200. This is because SSA counts SSDI as unearned income for SSI purposes, but they disregard the first $20 of unearned income. Hope this helps with planning!
dont forget that survivor benefits and retirement r different things! my sister thought they were the same and got confused when applying
That's a good point - I need to be very clear about which benefit I'm applying for. Did your sister have any issues getting things corrected?
One important detail that hasn't been mentioned yet: When you reach your Full Retirement Age (66 in your case), the earnings test no longer applies to survivor benefits. This means you can earn any amount without having your survivor benefit reduced. Before FRA, benefits are reduced if earnings exceed certain limits ($22,320 in 2025 with $1 reduction for every $2 over the limit). So while taxes will take a bite out of your benefits at your income level, at least you won't face the additional reduction from the earnings test once you reach 66 in February 2025.
What happens when they convert her from disability to retirement? Will the payment amount change? My wife is worried about that part.
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.
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!
Zainab Ahmed
Has anyone actually succeeded in getting spousal benefits approved since the GPO repeal? I keep hearing about denials but no successes yet. Makes me wonder if we're all misunderstanding something about the implementation timeline...
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Connor Byrne
•The law is in effect, but implementation takes time. SSA needs to: 1. Update their internal processing guidelines 2. Train staff on the new procedures 3. Modify their computer systems 4. Develop communication materials This doesn't happen overnight, which is why appeals are so important. The appeals process gives them time to catch up while preserving your filing date. Expect delays for the next 3-6 months as they work through the backlog of affected claims.
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Miguel Diaz
Update: I finally spoke with an SSA representative! After trying for days, I got through this morning. The rep confirmed I should absolutely file an appeal rather than a new application. She said they're aware of the issue with applications being automatically denied and are working on a fix, but it could take months. She also mentioned they're developing special procedures for GPO-affected claims. I've submitted my appeal online and included specific reference to the Social Security Fairness Act repealing the GPO provision. Now I just wait... again! Thank you all for your help and advice.
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Zainab Ahmed
•Thanks for updating us! I'm still trying to reach someone at SS about my case. How did you finally get through? I've been trying all week with no luck.
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Miguel Diaz
•I called right when they opened at 8:00 AM and still waited almost an hour. It's so frustrating. My neighbor mentioned some service that helps you get through to them - I might try that next time if I need to follow up on my appeal. This whole process has been much more complicated than I expected!
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