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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.
I was in a similar situation but reversed (I'm female). Started widow benefits at 60 and they were about 70% of what I would've gotten at FRA. But it was worth it for me because I needed the income. One thing no one mentioned - if you're planning to work past 60 while collecting, remember those benefits will be reduced if you earn over the limit (which was around $19k when I started but is higher now). For every $2 over the limit, they take $1 from your benefits.
That's really helpful to know about the exact percentage reduction! I am planning to keep working, so I'll need to calculate carefully whether taking reduced benefits at 60 makes sense with the earnings limit. Do you know if the money they withhold due to excess earnings is permanently lost, or do they adjust your benefit amount later?
Good question about withheld benefits due to excess earnings! Those benefits aren't permanently lost. Once you reach your Full Retirement Age, Social Security will recalculate your benefit amount to give you credit for the months when benefits were withheld. It's essentially a recoupment over time. But also consider: if your own retirement benefit will ultimately be higher than the widow benefit, and you plan to switch to your own benefit at FRA anyway, it might be worth analyzing whether taking a reduced widow benefit that's further reduced by the earnings test makes financial sense. Sometimes waiting until you're closer to FRA or working part-time to stay under the earnings limit can be more advantageous.
I was in a similar position a few years back. Getting those family benefits made a HUGE difference for us, especially with the debt we were carrying. But one thing I wish someone had told me - document EVERYTHING. Keep copies of all your application paperwork, confirmation numbers, the names of any SSA reps you speak with, etc. When my son turned 18, there was a mess with stopping his benefits that took months to sort out because the SSA claimed they never received some paperwork I KNOW I submitted. The system is so backed up and understaffed that errors happen constantly.
Overall, yes, it was absolutely worth it for us. The family benefits helped us pay off about $42,000 in debt over three years, which gave us so much more financial freedom. My husband's reduced benefit is enough for our needs now that our expenses are lower without the debt payments. The paperwork headaches were frustrating but temporary. One thing we did that really helped - we pretended the family benefits didn't exist for our day-to-day budget and used them ONLY for debt paydown. Made it easier when those extra payments stopped.
Ravi Kapoor
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.
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Isabella Oliveira
•That's excellent advice, thank you! I'll definitely print out the legislation. Better to be overprepared than struggle to explain something they might not be familiar with yet.
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Anastasia Ivanova
my mom had gpo affect her widows benefit for years. shes so excited about the repeal but scared about dealing with ssa. will let u know how it goes when she tries in january!
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