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when my wife got disability for her back and diabetes she had to get statements from EVERY doctor and they all had to agree she couldnt work. make sure all his doctors are on the same page!!! also SSI and SSDI are different things. SSDI is based on his work credits and SSI is for people with no assets. he might qualify for both until SSDI kicks in since hes living with your mom and has no assets
You mentioned your brother's FMLA ends in March. He should immediately have a conversation with his HR department about accommodations under the ADA (Americans with Disabilities Act) which might provide additional job protection beyond FMLA. Regarding getting representation: while you can start the application process yourself online at ssa.gov, having a disability attorney from the beginning often results in stronger initial applications. Most disability lawyers offer free consultations. Look for attorneys who specialize specifically in Social Security disability (not just general personal injury), preferably ones who are members of NOSSCR (National Organization of Social Security Claimants' Representatives).
Here's a key detail that often gets overlooked: The way the GPO is applied can sometimes seem like they're ignoring your spouse's work history, when that's not exactly what's happening. Your survivor benefit is first calculated based on your husband's full earning record (including all those manufacturing years). Then, that amount is reduced by 2/3 of your teacher's pension. If your pension is large enough, this can reduce your survivor benefit to zero, making it appear as if his work history wasn't counted at all. For example, if your calculated survivor benefit was $1,800/month based on his full history, but your teacher pension is $3,000/month, the GPO reduction would be $2,000 (2/3 of $3,000), reducing your survivor benefit to $0. This makes it seem like his work history didn't count, when it was actually used in the initial calculation.
This system is DESIGNED to rob teachers and other public servants. There's no justification for taking away benefits our spouses EARNED just because we have a pension from a job where we were often paid less than private sector workers! Teachers, firefighters, police officers - all getting screwed by these provisions. It's disgusting.
I used to work for SSA, and I can tell you that mixed employment cases like yours are among the most complex. Here's what might have happened: 1. Your husband's Social Security benefit was calculated based on ALL his covered employment (manufacturing years) 2. If he had fewer than 30 years of substantial earnings under Social Security, the WEP reduced his benefit 3. When you applied for survivor benefits, you received a percentage of his already-reduced benefit 4. The GPO then further reduced that amount based on 2/3 of your teacher's pension If the Social Security Fairness Act passes, both reductions would be eliminated, potentially increasing your benefit significantly. Until then, I strongly recommend requesting a detailed breakdown of your benefit calculation to ensure no errors were made. Sometimes earnings years are missing from the record or calculations are applied incorrectly.
Thank you for this detailed explanation! I think I'm understanding better now. So his benefit was already possibly reduced by WEP, and then my survivor portion gets hit again by GPO. No wonder it feels so unfair. I'm definitely going to request that detailed breakdown and make sure everything was calculated correctly. And I'll be writing my representatives about supporting the Fairness Act!
i heard socal offices are super backed up right now because of all the boomers retiring. my dad had to wait 5 months for his application to process last year but that was for ssdi not retirement
SSDI (disability) and retirement benefits are processed completely differently. SSDI claims take much longer because they require medical reviews and determinations. Straightforward retirement claims are usually processed within 2-6 weeks. The backlog issues are primarily affecting disability claims, not retirement.
Thank you everyone for all this helpful advice! Based on what I'm hearing, I'll plan to submit my application in June 2025 for my October start date (4 months ahead). I'll make sure I have all my documents ready and will do the application online. And I appreciate the tip about possibly starting in September instead of October - that makes a lot of sense. If I run into any issues with reaching a representative, I'll check out that Claimyr service. This has been incredibly helpful!
One thing nobody's mentioned - if your husband goes over the earnings limit in a month, ONLY THAT MONTH'S benefits are affected. It's not like you lose everything forever! And once he reaches full retirement age (66+), the earnings limit goes away completely and he can earn as much as he wants with no penalty. So even if you make a mistake, it's not the end of the world.
That's really good to know! I was envisioning worst-case scenarios where we'd have to pay back everything. It's still scary since we rely on those payments, but at least it would be limited to just the months he went over. And you're right - only 4 more years until he doesn't have to worry about this at all!
Dana Doyle
One more thing to be aware of: Medicare enrollment. If your husband is already on Medicare, no action is needed. If he's not on Medicare yet but will be 65+ when benefits start, the retirement application will automatically enroll him in Medicare Parts A & B. If he has employer health insurance and wants to delay Part B (to avoid paying the premium while still covered), there will be a section in the application where he can decline Part B. This is important because Part B comes with a monthly premium that's unnecessary if he has good employer coverage. If he declines Part B now while having employer coverage, he'll qualify for a Special Enrollment Period when he eventually retires, avoiding the late enrollment penalty.
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Summer Green
•Thank you for bringing this up! He's already on Medicare (turned 65 two years ago) and we did the Part B enrollment then since his employer plan becomes secondary at 65. So thankfully that part is already taken care of!
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Edward McBride
make sure u have marriage info!!! they asked my friend for date/place she got married AND divorced from 40 years ago!!! she had to find old papers
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Summer Green
•That's a great reminder! We've been married 43 years and I know we'll need our marriage certificate. Thankfully no divorces to worry about documenting!
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