Social Security Administration

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Update: We submitted the SSA-521 form yesterday! Thank you everyone for your advice. The rep we spoke with initially tried to tell us we couldn't withdraw after FRA, but we politely asked to speak with a technical expert and showed them the regulation numbers that were mentioned here. The technical expert confirmed we're within our rights to withdraw within the 12-month window regardless of FRA status. Now we're just waiting for the repayment letter so we know exactly how much to send back. I'll update again once everything is processed!

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Good job being persistent! That's exactly the right approach - politely escalate when you know the rules. Please do update us on how it goes. Make sure to keep copies of EVERYTHING, including certified mail receipts if you mail the payment.

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Will do! And yes, we're creating a folder with copies of everything. The technical expert said we should receive the repayment letter within 2-3 weeks, and then the reapplication should be processed within 30 days after they receive our repayment. Fingers crossed it all goes smoothly from here.

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I had a similar situation 2 years ago. Bad health, income dropped, worried about SS calculation. What I found is that Social Security replaces more of your income if you're a lower earner (it's progressive). So the calculation isn't strictly proportional. Someone earning $30k doesn't get exactly half the benefit of someone earning $60k. The lower earner actually gets more than half.

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That's interesting and makes me feel a bit better. I'd been thinking it was a straight percentage calculation, but it sounds like there's a bit of a safety net built in for lower-earning years. Thanks for sharing your experience.

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After reading all this advice, what are you thinking you'll do? It's good to get different perspectives, but ultimately it's a personal decision based on your unique circumstances.

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I think I'm leaning toward waiting until my actual FRA next year. The earnings test would definitely be an issue if I filed early, and it sounds like one lower-earning year won't drastically reduce my benefit. Plus, I'm back to good health now, so no reason to rush into claiming early. Thanks to everyone for the helpful advice!

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Thank you all so much for this helpful information! I created my SSA account last night and was surprised to see that my own benefit estimate at 62 would be about $1,125/month. My ex's FRA benefit amount would be around $3,200 based on what he's told me, so 50% of that would be $1,600, reduced to around $1,080 if I claim at 62. So it seems like there's not a huge difference between my own record and ex-spouse benefits in my case. BUT, the earnings test would affect either one while I'm still working. Based on all your advice, I think I'm going to: 1. Postpone any marriage plans until I've spoken directly with SSA 2. Try that Claimyr service to actually get through to them 3. Consider working a few more years to increase my own benefit Thanks again - you've all been so helpful in explaining these confusing rules!

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That sounds like an excellent plan! One last thing to consider: Since your own benefit at 62 ($1,125) is very close to what your ex-spouse benefit would be at 62 ($1,080), you might actually be better off claiming your own benefit and letting it grow. Reason: If you claim your own benefit at your Full Retirement Age instead of 62, it would be approximately 33% higher. But if you claim ex-spouse benefits at FRA instead of 62, you'd only get the flat 50% of his benefit. In your specific situation, maximizing your own benefit by waiting might be the best financial move regardless of marriage plans. Definitely discuss this with SSA when you reach them!

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That's an excellent point I hadn't considered! If my own benefit grows more by waiting than the ex-spouse benefit would, then remarriage wouldn't be such a financial penalty. I'll definitely ask about this specific comparison when I talk to SSA. Thank you!

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To your original question - you're absolutely right that you need 40 quarters (10 years) of Social Security-covered employment to qualify for retirement benefits. If you're at 22 quarters now, you'd need 18 more, which means about 4.5 more years of work where you pay into Social Security. If you do get those 40 quarters and qualify, your benefit would still be reduced by WEP because of your state pension. The reduction is most severe if you have under 20 years of substantial earnings. Each year of substantial earnings you have between 20-30 years reduces the WEP penalty gradually. Since you said you have 23 years in state government, I'm assuming most or all of that was non-covered employment (not paying into Social Security). So you'd need to figure out how many years of substantial earnings under Social Security you actually have.

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Yes, all 23 years of my state employment were non-covered (no SS taxes paid). Before that, I worked various jobs in the private sector that totaled about 5.5 years of SS coverage. Looks like I need to either work longer than planned or adjust my expectations for retirement income. Really appreciate everyone's help in clarifying this!

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Something else to consider - even if you get your 40 quarters and qualify for Social Security retirement benefits (reduced by WEP), you should also check if the Government Pension Offset (GPO) might affect any potential spousal or survivor benefits you might be eligible for. GPO is separate from WEP and reduces spousal/survivor benefits by 2/3 of your government pension amount. These provisions can be quite complex, so it might be worth consulting with a financial advisor who specializes in federal benefits before finalizing your retirement plans. The SSA's WEP calculator can also help you estimate the impact: https://www.ssa.gov/benefits/retirement/planner/anyPiaWepjs04.html

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I had no idea about GPO! My spouse has worked in the private sector our entire marriage, so I was counting on getting spousal benefits if they were higher than my own. This is getting more complicated than I expected. I'll definitely check out that calculator link, thank you.

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Can SS Child in Care and FRA strategy increase my daughter's reduced family maximum benefits?

I've been receiving Child in Care benefits for about 3 months now (I'm 59) and noticed something frustrating about our payment amounts. Both my daughter and I are getting $515 less per month than what we're entitled to because we're hitting the family maximum limit. I've been trying to figure out if there's a way to maximize what we receive, and yesterday a Social Security rep suggested something interesting that I want to verify with others who might have experience. Here's my situation: When I reach my full retirement age (FRA), could I file for my own SS retirement benefits first, and then apply for the spousal top-up? The rep suggested this might reduce how much is counted against my husband's family maximum, potentially allowing my daughter to receive her full benefit amount. For example (with our actual numbers): - My husband's PIA is $4,150 - My daughter and I are each entitled to about $2,075 - Family Maximum is $7,255 - After subtracting my husband's PIA ($4,150), there's $3,105 left for my daughter and me - This means we each only get about $1,560 instead of $2,075 (about $515 reduction each) But here's what the rep suggested might work at my FRA: If I could get around $1,100 on my own work record and $975 as a spousal top-up, then the family maximum calculation might change: - Only the $975 spousal portion would count against the family maximum - This would leave $2,130 for my daughter ($3,105 - $975) - Since my daughter is only entitled to $2,075, she'd get her full amount Is this correct? Has anyone successfully used this strategy to maximize benefits when hitting the family maximum?

ANYBODY dealing with SS should know they ALWAYS mess up family maximum calculations!!!! I had to fight them for 6 months and finally got backpay for my kids of over $7000 because they calculated wrong from the beginning!!!! KEEP FIGHTING!!

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same here they shorted my daughter almost $400 a month for almost a year before i got it fixed. the problem is gettin thru to talk to someone who knows what there doing

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To summarize the key points for anyone else with a similar family maximum question: 1. When you receive benefits on your own work record plus a spousal top-up, only the spousal portion counts against the family maximum on your spouse's record 2. At FRA, you can file for your own retirement first, then apply for the spousal benefit if it would result in a higher total benefit 3. The SSA will not automatically recalculate other family members' benefits when your benefit source changes - you must request this recalculation 4. Consider the long-term impact of claiming strategies - maximizing benefits now might reduce lifetime benefits if delaying until 70 would be more advantageous 5. Document all conversations with SSA representatives and get explanations in writing when possible 6. If WEP potentially applies due to non-covered employment, that adds another layer of complexity requiring specialized assistance

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Thank you for this clear summary! I'm going to print this out and bring it with me when I go to my local Social Security office for an in-person appointment. I've decided that's probably the best way to get consistent information and make sure everything is documented correctly.

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