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One more important thing to ask: Whether they recommend you file for SSI concurrently with your SSDI application. While your work history likely qualifies you for SSDI, depending on your current financial situation, you might also qualify for SSI during the waiting period. Some attorneys automatically file both, others don't unless you specifically request it. Also ask about their approach to the Activities of Daily Living questionnaire - this form can make or break your case. A good attorney will help you complete it accurately without accidentally undermining your claim.
Excellent point about the Activities of Daily Living questionnaire. So many applicants hurt their cases by not understanding how to properly document their limitations. For example, if you say you can "prepare meals" without specifying that you can only make a sandwich before needing to rest for an hour, SSA might assume you can stand and cook full meals without limitation. The same applies to household chores, shopping, and personal care. Be specific about limitations, assistance needed, and recovery time required after activities.
One more thing! Ask them what happens if you get denied and THEY want to drop your case. My friend had a lawyer who dumped her after the first denial because her case "wasn't strong enough" and she had to start all over with a new attorney. Get that policy in writing!
omg i remember when I got slapped with an overpayment notice for $12k from SSA because of some weird calculation with my sons SSI and my work. i fought it for like 8 months and they eventually reduced it but it was such a nightmare. document EVERYTHING. save all letters, take notes of every call with who you talked to and what they said. trust me on this one!!
Based on everything you've shared, I recommend taking these specific actions: 1. Visit your local SSA office in person (make an appointment first) and bring: - All pay stubs showing your PCA income year-to-date - A written statement detailing your work activity - Your concerns about potential overpayment 2. Request to speak with a Technical Expert or Claims Specialist specifically about the interaction between child-in-care benefits and the earnings test 3. Ask for a written explanation of how your specific state's PCA program income is counted for earnings test purposes 4. Consider requesting voluntary suspension of benefits until this is resolved 5. Set up an SSA online account if you haven't already to monitor your benefits The child-in-care benefit is subject to the annual earnings test, but there can be complexities with how certain types of income are counted. Getting clear documentation now will help protect you later.
Thank you for this detailed action plan! I'll call tomorrow to set up an in-person appointment. I do have an SSA online account but it doesn't show much detail about the earnings test calculations. Your advice about asking for a Technical Expert is really helpful - I didn't know to ask for someone with that specific title.
just wonderin - how long were u married to ur ex? cuz i think theres a 10 yr rule for ex-spouse benefits. if u were married less than 10 yrs u might not be eligible anyway
We were married for 14 years, so I definitely meet that requirement! I've done some research and I know I need to have been married at least 10 years, not be currently remarried (my husband passed, so I'm not), and my ex needs to have been eligible for Social Security (which he was). So I think I qualify on all counts.
Based on all the information shared, here's what will likely happen: 1. Your phone interview on December 10th will proceed as scheduled 2. You'll explain the death certificate delay situation 3. SSA will take your application and mark it pending until the certificate arrives 4. Once you submit the certificate in January, they'll finish processing your claim 5. If approved, benefits will be paid retroactive to your application date (or the appropriate entitlement date) One important note: Since you're already receiving survivor benefits on your husband's record, SSA will determine which benefit amount is higher. You won't receive both - just the higher of the two amounts. The good news is that this switch is usually pretty straightforward since SSA already has most of your information in their system from your current claim.
Thank you for breaking it down so clearly! That makes perfect sense. And yes, I understand I'll only get the higher of the two benefit amounts - my ex-husband's benefit would be about $780 more per month than what I'm currently receiving, so it's definitely worth making the switch. I appreciate everyone's help with this!
To follow up on your question about earnings - SSA counts GROSS earnings toward the limit, not net after taxes. And they count it when earned, not when paid (except for special payments like bonuses or accumulated vacation pay). Given that you're only $320 below the annual earnings limit, you might want to keep careful track of your income throughout the year. Going over by even a small amount could trigger withholding of some of your widow benefits.
One more important point - when you do go to apply for your own retirement benefits at 67, make sure you specifically tell SSA you want to SWITCH from widow benefits to retirement benefits. Don't simply say you want to "apply for retirement" or they might just give you a small increase instead of recalculating the full amount you're entitled to based on your work record. Also, you can actually file for this switch online through your my Social Security account when the time comes, which might be easier than dealing with representatives who may not understand the rules.
Isabella Santos
also don't forget that COLA for 2026 is supposed to be announced soon! thats probably more important for your benefits than this executive order thing
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ShadowHunter
•Actually, the 2026 COLA (Cost of Living Adjustment) won't be announced until October 2025. The COLA for 2025 will be announced in October 2024. It's based on the third-quarter Consumer Price Index, and they need the September numbers to make the calculation. But you're right that the annual COLA will likely have a more direct impact on benefit amounts than this executive order.
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Malik Johnson
Thanks everyone for all the helpful responses! I feel much better now understanding that this doesn't affect my actual Social Security benefits. I think I need to be more careful about what news I listen to - they made it sound much more dramatic than it actually is.
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Freya Larsen
•You shouldnt trust everything ppl tell you online either!!! Do your own research!!! The government doesn't want you to know whats REALLY happening with social security!!!
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