Social Security Administration

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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!!

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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!

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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.

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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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Mei Lin

anybody know if taking care of a sick parent counts for anything with social security? like do u get credits or something for being a caregiver?

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Unfortunately, Social Security doesn't provide work credits for caring for family members. However, there are some states that have paid family leave programs that might provide some income during caregiving periods. It varies by state though. This wouldn't affect your Social Security record directly, but at least provides some income while caregiving.

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To definitively resolve this, you need to request a detailed earnings record and benefit calculation from SSA. They can provide a year-by-year breakdown showing exactly which 35 years are being used in your calculation and how changes in future earnings might affect your benefit amount. This is the only way to get complete clarity on your specific situation. One tip: When you speak with SSA, specifically ask for your PIA (Primary Insurance Amount) based on your current earnings record, and ask them to explain how continued work until FRA might have changed that amount. Be persistent in getting a detailed explanation rather than a general answer.

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My sister went through this and just didn't report some of her cash jobs. Just saying...

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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.

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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.

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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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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.

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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.

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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

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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.

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To respond to your follow-up question - yes, you should contact SSA when your husband files for his benefits. There's no automatic notification system, so you'll need to either: 1. Ask your children to let you know when he mentions filing for Social Security 2. Contact SSA periodically starting around his 62nd birthday to check his filing status 3. Wait until he reaches his Full Retirement Age (probably 67 for someone who's 60 now) when he's more likely to file And you're correct that from a purely Social Security benefits perspective, there's no financial advantage or disadvantage to getting divorced at this point. The benefits calculation would be identical either way since you were married well over 10 years. The only practical difference is the documentation process - as a current spouse, the connection is already established in SSA's system, while as a divorced spouse, you would need to provide marriage and divorce documentation.

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u know what tho, if ur husband is making good money maybe talkin to a lawyer bout a divorce and some spousal support might actually be worth it. just because ur separated dont mean ur not entitled to a share of his current income in some states. might be worth checkin on, just sayin

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That's an interesting point I hadn't considered. It's been so many years of complete financial separation that I never thought about that. Maybe I should at least consult with a lawyer about my options.

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