Can I repay SS retirement benefits taken early to get higher FRA amount with ex-spouse benefits and disabled adult child?
I'm in a complicated situation with my Social Security benefits and hoping someone can help. I started taking retirement benefits in January 2023 at age 65 (before my full retirement age) based on both my work history (which is spotty) and my ex-husband's record (he was a high earner). We were married for 22 years and I never remarried. I reached my Full Retirement Age in August 2024, and now I'm wondering - is it too late to withdraw my application and pay back all the benefits I've received so I can restart at a higher FRA benefit amount? Complicating factors: - My disabled adult son lives with me and receives SSDI benefits on my ex's record (he qualified before age 22) - I had a substantial capital gain in December 2023 (about $75,000) - I don't know if my ex is collecting benefits yet - he was born in 1957 and is still working full-time Will withdrawing my application affect my son's benefits? And is it even possible now that I've been collecting for over a year? The SSA website is confusing me completely!
20 comments
Keisha Williams
Unfortunately, you're outside the 12-month window for withdrawing your application. SSA only allows you to withdraw your application and repay benefits within the first 12 months after you began receiving benefits. Since you started in January 2023 and it's now past January 2024, that option is no longer available to you. Your son's SSDI benefits as a disabled adult child would not have been affected even if you could withdraw, as those are based on your ex-spouse's record and are separate from your benefit claiming strategy. At this point, your best option is to continue receiving your current benefit. Once you reach 70, any delayed retirement credits stop accumulating anyway.
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PixelPioneer
•Thank you for the clear explanation. That's disappointing, but at least now I know. So there's absolutely nothing I can do to increase my benefit amount at this point? I'm worried because my capital gain from last year is going to raise my Medicare premiums significantly next year.
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Paolo Rizzo
The previous poster is right about the 12-month limit, but you might still have some options! Have you been working at all since you filed? If so, and if your earnings are high enough, your benefit might automatically increase through work credits. Also, the Social Security Administration recalculates benefits annually to account for new earnings. And don't worry about your son's benefits - those are secure regardless of what you do with your own benefits since they're based on your ex's record.
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PixelPioneer
•I've been working part-time, but nothing that would significantly increase my earnings record. Maybe $8,000 a year. Would that be enough to make any difference?
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Amina Sy
just wanted to say im in a similar spot with an adult disabled kid. they told me that his benefits are totally separate from mine. so whatever u decide shouldn't effect him at all. good luck!!
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PixelPioneer
•That's reassuring to hear from someone in a similar situation. Has your experience with the benefits been good overall? My son's payments have been reliable so far.
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Oliver Fischer
The 12-month withdrawal rule is indeed the limiting factor here, but I'd like to address your comment about your ex-spouse's status. Whether your ex-spouse is collecting benefits or still working doesn't affect your entitlement to ex-spouse benefits. As long as you were married for at least 10 years (you mentioned 22 years), you're eligible for ex-spouse benefits regardless of whether he has filed for his own benefits, provided you've been divorced for at least 2 years. However, regarding your capital gain concern - that WILL affect your Medicare IRMAA (Income-Related Monthly Adjustment Amount) for 2025, based on your 2023 tax return. The capital gain of $75,000 will likely push you into a higher IRMAA bracket for one year. This is separate from your Social Security benefit amount though.
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PixelPioneer
•Oh no, I was afraid of that. Do you know roughly how much my Medicare premium might increase? And will it go back down in 2026 automatically if my income returns to normal levels?
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Natasha Ivanova
THE WHOLE SYSTEM IS RIGGED TO PREVENT PEOPLE FROM GETTING WHAT THEY DESERVE!!! That 12 month rule is ridiculous!! Why should there be a time limit on fixing a mistake?? I bet if you overpaid YOU, they'd take the money back no matter how many years passed!!! And those IRMAA Medicare increases are a total scam. One-time capital gain and they penalize you for TWO YEARS after. Such garbage. Good luck dealing with the bureaucracy!!!
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NebulaNomad
•While I understand your frustration, the 12-month withdrawal period is actually quite generous considering most financial decisions don't have such long reconsideration periods. And the IRMAA adjustments are only for one year (2025) based on 2023 income, not two years. The system actually does automatically readjust when your income returns to normal levels.
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NebulaNomad
Something that hasn't been mentioned yet - have you considered filing for a reduction of your IRMAA surcharge using Form SSA-44? If your capital gain was a one-time life-changing event (like selling a home), you might qualify for relief from the higher Medicare premiums. Regarding your original question, even though you can't withdraw, remember that your benefit amount will be adjusted annually for cost-of-living increases (COLA). It's not the same as getting your full FRA amount, but it does help your benefit grow over time.
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PixelPioneer
•I didn't know about Form SSA-44! My capital gain was from selling a rental property I'd owned for 25 years - would that qualify as a life-changing event? Where can I find this form?
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Javier Garcia
have you tried calling ssa directly? i had a similar issue last year and spent THREE WEEKS trying to get someone on the phone. kept getting disconnected or put on eternal hold. finally used a service called claimyr.com that got me through to an agent in under 5 minutes. they have a video showing how it works here: https://youtu.be/Z-BRbJw3puU once i got an actual person, they explained all my options much better than the website. way better than guessing or getting conflicting info online.
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PixelPioneer
•Thanks for the suggestion! I've been trying to get through to them without success. I'll check out that service. Did they ask a lot of questions about your specific situation when you called?
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Oliver Fischer
Regarding your question about Form SSA-44 and life-changing events: Unfortunately, selling a rental property typically doesn't qualify as a life-changing event under SSA guidelines. The qualifying events are generally: 1. Marriage, divorce, or spouse's death 2. Work reduction or stoppage (yours or spouse's) 3. Loss of income from income-producing property due to disaster or similar circumstance 4. Loss of pension income 5. Employer settlement payment due to bankruptcy/reorganization The form can be found on the SSA website, but based on what you've shared, your rental property sale would likely not qualify. Your Medicare premium will automatically readjust in 2026 based on your 2024 tax return.
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PixelPioneer
•That's disappointing but thank you for the detailed information. I guess I'll just have to budget for the higher Medicare premium next year. At least it's temporary.
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Amina Sy
hey did ur disabled son have any trouble with his benefits when u started collecting? my kid is worried cause i might start mine soon but they get ssi not ssdi if that makes a difference
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NebulaNomad
•That's an important distinction. SSI and SSDI are very different programs. SSI (Supplemental Security Income) is needs-based and has strict income/resource limits. If your income increases, it could reduce your child's SSI. SSDI (Social Security Disability Insurance) is based on work history and not affected by other household income. The original poster's son is on SSDI, which wouldn't be affected by her retirement benefits.
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Keisha Williams
Circling back to your original question about increasing your benefit: While you can't withdraw and reapply, remember that if you continue working, even part-time, Social Security will automatically recalculate your benefit annually to see if your new earnings increase your benefit amount. Also, once you reach age 70, you should check if you might qualify for a higher spousal benefit from your ex-husband's record, especially if he's filed for his benefits by then. The $8,000 annual earnings you mentioned likely won't make a huge difference, but it could cause some small increases over time if those earnings replace lower-earning years in your calculation.
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PixelPioneer
•Thank you for coming back to address this. I'll keep working part-time then, as every little bit helps. I'm also going to see if my ex has filed for his benefits yet, as that might change my situation. This has all been very helpful information!
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