Social Security clarification - no 45-hour monthly limit for self-employed retirees?
I've been trying to navigate early retirement while keeping my small consulting business going, and I'm completely confused about the Social Security earnings limits. I turn 63 next month and planned to claim my SS retirement benefits, but I've heard conflicting information about self-employment limits. My financial advisor told me there's both a $23,400 annual earnings limit AND a 45-hour per month work limit for self-employed people. But I just spoke with an SSA rep today who said something completely different! She told me that as long as I keep my total earnings under the $23,400 annual limit for 2025, I don't need to worry about tracking my hours at all. This is a huge relief if true because my consulting work varies dramatically month to month. Some months I might work 60+ hours, while others I barely work 10 hours. Can anyone confirm which is correct? Do I really not need to track my monthly hours as long as I stay under the annual earnings limit? Or was this SSA rep misinformed? I'm worried about accidentally triggering benefit reductions or penalties.
17 comments
Aiden O'Connor
Your SSA rep is correct. The "45 hour per month" rule is part of what Social Security uses to determine if you're RETIRED from self-employment, but it's only one of several factors they consider and not a strict limit like the annual earnings test. As long as you stay under the $23,400 annual earnings limit for 2025 (for those under Full Retirement Age), you're fine. The monthly hours only become relevant if SSA questions whether you've actually retired from your business. Source: I went through this exact same confusion last year. My CPA was telling me one thing, SSA another. I finally got clarification by requesting a written determination from SSA.
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Sofía Rodríguez
•Thank you so much! That's a huge relief. Do you know if there's anything specific I should be documenting just in case they question my retirement status in the future? I'm planning to cut my billable hours by about 60% compared to previous years.
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Zoe Papadopoulos
The SSA rep was right but missing some important context. Here's what you need to know: The earnings limit ($23,400 in 2025 for those under FRA) definitely applies to you. For every $2 you earn over that limit, $1 will be withheld from your benefits. The 45-hour per month guideline is part of what's called the "services test" - it's used when SSA evaluates whether self-employed individuals have actually retired. Essentially, if you work more than 45 hours/month in your business, SSA MIGHT consider you "not retired" regardless of income. However, in practice, they rarely apply this unless: 1. Your income is suspiciously low compared to previous years 2. You're attempting to shift income to avoid the earnings limit 3. Someone reports potential fraud If you're legitimately reducing your work and staying under the earnings limit, you're likely fine. But technically, the 45-hour guideline does exist.
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Jamal Brown
•This is why SS rules drive me CRAZY! Why can't they just have ONE clear rule instead of all these "guidelines" and "tests" that may or may not apply depending on who you talk to?? 🤦♀️
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Fatima Al-Rashid
im retired but still do consultin work to and worry about this same thing!! my neighbor said they count ur hours AND money which is why i try to charge more per hour but work less lol. but i think as long as ur under the money limit ur good... thats what i've been doing for 2 years and havent had problems yet
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Sofía Rodríguez
•That's good to hear you haven't had problems! If you don't mind me asking, do you track your hours anyway just to be safe? I'm wondering if I should keep a log even though the SSA rep said not to worry about it.
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Giovanni Rossi
My brother-in-law got caught in this exact situation last year. He was under the earnings limit but worked 60+ hours most months in his landscaping business. SSA determined he wasn't really "retired" and suspended his benefits for several months until he could prove he had substantially reduced his services. The 45-hour rule IS real, but they don't automatically check or enforce it. It usually only comes up if there's an audit or review of your situation. So while the rep wasn't technically wrong, I'd still recommend staying under 45 hours most months if possible, just to be safe.
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Aaliyah Jackson
•This is correct. The monthly service test (which includes the 45-hour guideline) is defined in SSA's Program Operations Manual System (POMS) under section RS 01802.002, but it's applied inconsistently. The earnings test is always enforced automatically, while the service test typically only comes into play during reviews or if your earnings pattern raises flags.
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KylieRose
I spent 2 hours on hold with SSA trying to get clarification on this exact question last month. The first rep told me hours don't matter at all, then I got transferred to a "technical expert" who said hours definitely matter. I was so frustrated I hung up. Has anyone tried using that Claimyr service to get through to SSA faster? I saw it mentioned in another thread and there's apparently a video showing how it works: https://youtu.be/Z-BRbJw3puU I need to call back and get a definitive answer from a supervisor or something, but I can't spend another 2+ hours on hold.
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Aiden O'Connor
•Yes! I used Claimyr when I was dealing with this same issue. Got through to SSA in about 15 minutes instead of waiting for hours. Their website is claimyr.com - totally worth it to actually speak with someone knowledgeable. Ask specifically to speak with a technical expert who understands self-employment rules for retirees.
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Sofía Rodríguez
•Thanks for the tip. I might try that service if I need more clarification. Right now I'm leaning toward just staying under the earnings limit and documenting my reduced involvement in the business, just to be safe.
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Jamal Brown
When I retired 2 yrs ago my accountant told me that what matters is "material participation" in your business. If you're still running day-to-day operations and making all decisions, SSA might say you're not really retired even if under the $ limit. but if you've cut back to just occasional consulting and someone else handles most of the business, they usually don't care about exact hours. at least that's what worked 4 me
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Sofía Rodríguez
•That's helpful context. I'm definitely reducing my role - turning away new clients and only keeping a few long-term ones. My assistant is taking over most administrative work. Hopefully that qualifies as reduced participation.
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Aaliyah Jackson
Let me clarify this with the actual rules from SSA: For self-employed individuals, Social Security applies TWO tests: 1. The Earnings Test: In 2025, if you're under Full Retirement Age, you can earn up to $23,400 without reduction in benefits. 2. The Services Test: This is where the 45-hour guideline comes from. It states that if you work more than 45 hours per month in self-employment, you are considered not retired regardless of earnings. If you work between 15-45 hours, they consider other factors. Less than 15 hours and you're generally considered retired. HOWEVER - and this is key - the Services Test is not automatically applied to everyone. It's primarily used when there's a question about whether income is being deferred or misreported to avoid the earnings test. So the SSA rep was technically correct that most people just need to worry about the earnings limit, but incomplete in not explaining that the hours rule does exist in their policies.
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Sofía Rodríguez
•This makes perfect sense - thank you for spelling it out so clearly! I'll keep my earnings under the limit and also try to stay below 45 hours most months just to be on the safe side. Better to be cautious than have to deal with paying back benefits later.
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Fatima Al-Rashid
my uncle had his benefits stopped cuz they said he wasnt really retired from his plumbing business even tho he was under the money limit!! he had to appeal and everything. such a headache
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Giovanni Rossi
•This is what happened to my brother-in-law too! The appeals process took almost 5 months. SSA eventually reinstated his benefits but didn't pay all the back benefits they withheld. The whole system is inconsistent.
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