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When my husband passed away in 2015 I was really confused about all this too!! SSA is impossible to understand sometimes!!! One thing no one mentioned yet - has your sister checked her husband's earnings record to see what his benefit would have been? She should make a my social security account online to see her own projected benefit too if she hasn't already done that. No point stressing about all this if her own benefit will be higher anyway!!
Olivia Clark
•That's a really good point! I don't think she's checked either record yet. I'll help her set up the MySocialSecurity account so she can compare them. Would be silly to go through all this if her own benefit is higher anyway!
I HATE how the SSA punishes people who work! It's ridiculous that they'll withhold benefits if your sister keeps working. The whole system feels designed to force older people to retire early or lose out. My father-in-law lost thousands in benefits because he didn't understand the earnings limit when he started taking benefits at 62 while still working part-time. The SSA sent him a notice a year later demanding repayment! Anyone still working should be VERY careful about claiming early.
While the earnings test might seem punitive, it's important to understand it's not actually a penalty in the long run. Benefits withheld due to the earnings test result in a recalculation and increase to your monthly benefit amount once you reach FRA. Essentially, you're getting credit for those months when benefits were withheld. However, your point about the surprise factor is absolutely valid. Many people don't understand this rule and are shocked when they receive an overpayment notice or discover their benefits are being withheld. The SSA could definitely improve their communication about this.
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Ravi Patel
Your so lucky to have been married 33 years and qualify for the survivor benefits! I was married 9 years and 10 months when we divorced - just missed the 10 year cutoff for divorced spouse benefits by TWO MONTHS! 😠Still bitter about it 7 years later lol
OMG that is AWFUL!!! Only 2 months short?? Did u try to appeal or anything?? The system is so unfair sometimes!!!
Ravi Patel
•Nope, apparently it's a hard cutoff - not even a day less than 10 years counts. My fault for not realizing this was a thing when we were separating. Would have dragged out the divorce a bit longer if I'd known!
Leila Haddad
I think everyone's missing something important here. If your own benefit at 70 will be higher than your husband's, you should look at whether your own reduced benefit now would be higher than the survivor benefit at 91.86%. It's complicated math, but if your own benefit at FRA is significantly higher than your deceased husband's, then your own benefit reduced at age 65 might still be better than the survivor benefit. Have you checked what your own benefit would be if you claimed right now vs. the survivor benefit amount?
That's actually not the optimal strategy in this case. Survivor benefits and retirement benefits have different rules. The better approach is to take the reduced survivor benefit now (if needed) and let her own retirement benefit grow until 70. This is because: 1) Taking her own retirement benefit early would permanently reduce it 2) She can switch from survivor to retirement at any point 3) If she takes her own retirement early, she can't later switch to just survivor benefits So if her own benefit at 70 will be higher than the survivor benefit, she should preserve that option by not claiming her own benefit early.
Leila Haddad
•Oh! You're absolutely right - I was confusing the rules. Thank you for the correction. So her original plan (survivor now, switch to her own at 70) is actually the optimal approach.
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My sister went through this and just didn't report some of her cash jobs. Just saying...
I should point out that failing to report income to SSA is considered fraud and can result in penalties, repayment with interest, and even criminal charges in serious cases. All income should be properly reported to both the IRS and SSA.
Carmen Lopez
Based on your description, you may want to consider whether your husband qualifies for the Retirement Earnings Test (RET) exemption if he's in certain situations: 1. If he's truly retiring (reducing hours and earnings significantly) 2. If he's self-employed and will perform minimal services There's also a special rule when calculating benefits if he's truly stopping substantial work mid-year. In that case, regardless of annual earnings, he can receive full benefits for months where he earns under the monthly limit ($1,930 in 2025) AND doesn't perform substantial services in self-employment. I suggest scheduling an appointment with SSA to discuss these special rules, as they might apply to your husband's seasonal work situation.
Yuki Ito
•Thank you for mentioning these exceptions! His landscaping work definitely slows down dramatically in winter, so maybe the RET exemption would apply. I'll definitely ask about this when we talk to SSA.
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Sasha Ivanov
One more critical piece of advice: Request a "Technical Expert Review" specifically. These are SSA employees with specialized knowledge of complex provisions like WEP/GPO. The regular claims representatives often make mistakes with these rules. Also, if your mother's teaching service was after 1957, SSA should have records of her Social Security covered earnings from those years. Request her complete earnings record (SSA-7004) which might help prove her case. If the reconsideration is denied, you have 60 days to file for a hearing with an Administrative Law Judge. The success rate is much higher at this level because ALJs are more familiar with the nuances of these provisions.
We will definitely ask for a Technical Expert Review. I think that's been part of the problem - talking to representatives who don't fully understand these exceptions. She taught from 1968-2003, so all her service should be covered under SS based on what you're saying.
my uncle had something like this happen he said just keep calling every week for a status update or theyll forget about your case lol. the squeaky wheel gets the grease with these govt agencies
You're probably right! I've been trying not to be a pest, but maybe that's exactly what's needed to get some movement on this.
NeonNomad
My brothers disabled and his payment is exactly half of my moms retirement check. But when she first filed it took almost 12 weeks for his payment to change. SSA is crazy slow with everything!! Just hang tight, they'll get to it eventually.
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Amara Eze
•Just to clarify a technical point - the benefit isn't half of your mother's actual retirement check, but half of her Primary Insurance Amount (PIA). This is an important distinction because if your mother claimed benefits after her Full Retirement Age, her actual check is larger than her PIA due to delayed retirement credits. These delayed credits don't increase dependent benefits. Similarly, if someone claims early, their check is reduced, but the dependent's 50% is based on the full PIA, not the reduced amount.
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Jamal Anderson
Thank you everyone for your helpful responses! I'm relieved to hear this delay seems normal, though frustrated it takes so long. I'll wait another month before taking action. To clarify - my son's disability definitely began before age 22 (he was 20), so it sounds like he should qualify for the DAC benefits at 50% of my PIA (not my actual increased benefit for delaying to 68). I'm also glad to hear they'll backpay the increased amount once it's processed. I'll update here when it finally goes through in case it helps someone else in the future!
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Mei Zhang
•That sounds like a good plan. One more thing - when the adjustment finally happens, double-check that they've calculated the correct amount. Sometimes there are errors. Your son's new benefit should be 50% of your PIA (minus any Medicare premiums). If the amount seems off, don't hesitate to question it. Good luck!
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