Social Security Administration

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Ask the community...

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do your kids live with you full time? my friend has 50/50 custody and her ex gets half the kids benefits check which seems unfair since hes not disabled

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Yes, they live with me full-time. Their father isn't in the picture at all. That's good to know though - I hadn't even considered custody issues affecting the benefits.

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One more thing to be aware of - if you're also receiving SSI (Supplemental Security Income) in addition to SSDI, the children's auxiliary benefits could potentially affect your SSI amount. This is because children's benefits might count as deemed income in certain situations. However, if you're only receiving SSDI and not SSI, then this isn't a concern.

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No, I'm only on SSDI, not SSI. My work history was solid enough that my SSDI payment is higher than the SSI limit. But that's still helpful info - this whole system is so complicated! I appreciate everyone helping me understand it better.

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my cousin has brain cancer too and got approved in just 3 weeks with compassionate allowance! make sure they check that box on the application its super important. also he should apply for the medicare too even though theres a waiting period still better to get it started now.

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That's encouraging to hear they were able to get approved so quickly. I'll make sure my brother specifically asks about the Compassionate Allowance program. Did your cousin have to go through any additional medical evaluations from SS doctors, or did they just use the records from his own doctors?

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For the appointment, your brother should bring a letter from the treating physician that includes: 1. Specific diagnosis (including ICD-10 code if possible) 2. Prognosis and expected duration of disability (must be at least 12 months) 3. Current treatment plan 4. Specific statement about inability to work This will significantly speed up the process. The Compassionate Allowance program for brain tumors typically processes in 30-60 days instead of the usual 3-5 months, but having complete documentation from the start can cut that time down even further. Also, be aware that the first SSDI payment won't arrive until 6 months after the established disability onset date due to the mandatory waiting period. The onset date is typically set as the date of diagnosis, so that waiting period has already started.

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Thank you - this checklist is extremely helpful. My nephew was diagnosed about 8 weeks ago, so it sounds like we're already partway through that waiting period, which is a small relief. I'll make sure my brother gets a detailed letter from the oncologist before going to SSA.

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One more thing to consider: the lawyer should be willing to withdraw if they don't think they can win your case. Be wary of anyone who promises they can definitely win - honest attorneys will tell you your odds based on your specific situation. Also ask if they'll handle your case personally or if you'll be working primarily with paralegals.

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That's good to know. Do you think it's better to use a local attorney who can meet in person or does it not really matter since everything is remote now?

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I forgot to mention: once you hire a lawyer, make sure they get ALL your medical records, not just from specialists. My general doctor had notes about my fatigue and cognitive issues that ended up being crucial evidence. Also, if you've been hospitalized for your condition, those records are extremely important.

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also get statements from family/friends who see ur struggles everyday!! my sister wrote a letter about how she has to help me with basic tasks and the judge mentioned it specifically during my hearing!!

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not sure if this helps but I had same issue last year. what finally worked was sending a fax (yes a fax in 2025 lol) to the IRMAA processing center with my SSA-44 form and all my docs. got fixed in 2 weeks after months of calling.

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Do you happen to remember the fax number you used? I might try this approach too - I'll try anything at this point!

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One more tip that might help others reading this thread: If you're planning to retire or expect a significant income drop, you can be proactive about IRMAA. File the SSA-44 form as soon as the life-changing event occurs rather than waiting for the IRMAA notice. This often prevents the higher premium from ever being applied in the first place. For those already dealing with an IRMAA issue, persistence is key. Document every contact with SSA (date, time, representative name if possible) and keep copies of everything you submit. If visiting your local office, arrive at least 30 minutes before opening to minimize wait times.

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wish i knew this before!! i waited til i got the notice and now im stuck in this mess

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when my grandpa died my grandma got his SS instead of hers because his was higher. its called something like maximum benefit rule? might be different with the pension thing tho

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You're thinking of the right concept, but it works a bit differently. Normally, a surviving spouse can receive up to 100% of the deceased spouse's benefit if it's higher than their own retirement benefit. However, in this case, the GPO (Government Pension Offset) rule comes into play because the surviving spouse has a non-Social Security pension. This specifically affects government workers who didn't pay into Social Security. The GPO will reduce any survivor benefits by 2/3 of the pension amount. So while the principle of getting the higher benefit applies, the pension offset will likely eliminate most or all of the potential survivor benefit in this specific situation.

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Thank you everyone for your helpful responses. I spoke with my friend today and explained what I've learned here. He's going to apply for the survivor benefits anyway, just to make sure he doesn't miss out on anything he might be entitled to, even if it's just the $255 death benefit. I'll help him use the Claimyr service to get through to SSA without spending hours on hold. It's disappointing that the GPO will likely eliminate any monthly survivor benefit, especially since his wife contributed to Social Security her entire working life. But at least now he understands how the system works and what to expect. I really appreciate everyone taking the time to share your knowledge and experiences during this difficult time.

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You're being a good friend. Another thing to consider - if your friend ever worked enough in jobs covered by Social Security (at least 10 years/40 credits), he should also check if he qualifies for his own Social Security retirement benefit. The Windfall Elimination Provision (WEP) might reduce it, but it's calculated differently than the GPO and he could potentially receive something.

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