Social Security denying spousal benefit top-up despite both being past FRA - Congressional inquiry failed

The fact that you're both past FRA and your benefit is less than half of his does suggest you should be eligible for the spousal top-up. A few things to consider: 1. Did you qualify for benefits on your own work record first, or did you file for spousal benefits initially? The application process is different depending on your situation. 2. Have you received any formal denial letters with appeal rights? If so, you should definitely file a Request for Reconsideration within 60 days of receiving the denial. 3. The Congressional Inquiry is usually effective, but it sounds like SSA provided an incomplete response. I'd go back to your Senator's office with the specific documentation they claim they couldn't find, and ask them to follow up with a more targeted inquiry about the spousal benefit calculation specifically. 4. You might also consider contacting your local legal aid organization that specializes in elder law, as they often have expertise with these exact situations.

I had EXACTLY the same issue last year! The SSA gave me the runaround for 9 months about my spousal benefits. What finally worked for me was escalating beyond just the regular Congressional Inquiry. I asked my Senator's office specifically to involve their senior caseworker who specializes in federal benefits issues. Also, I found that the REASON I was being denied wasn't clearly communicated - turns out there was confusion about my work history under the WEP (Windfall Elimination Provision) because I had worked for a state government position that didn't pay into Social Security for 5 years. Have you tried reaching SSA by phone to get a supervisor specifically? I know the wait times are ridiculous - I was hanging up after 2+ hours of waiting. I finally used a service called Claimyr (claimyr.com) that held my place in line and called me back when an agent was available. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU. It saved me hours of frustration and I finally got through to someone who could explain what was actually happening with my case.

my sister had this EXACT problem!! the SSA people kept giving her the runaround about her spousal benfit too. turned out they had her birthdate wrong in there system by like 4 days and that was messing up all of her calculations!!! might wanna check all ur basic info is correct in their database

Not to be that person, but are you ABSOLUTELY SURE you're entitled to the spousal top-up? I thought I was too until someone pointed out that if you claimed your own benefits early (before your FRA), the reduction stays in place even when applying for spousal benefits later. So even if you're past FRA now, if you took your own benefits early, that might explain why you're not getting what you expect.

Let me clarify the rules on spousal benefits since there's some confusion about eligibility: If both you and your husband are past Full Retirement Age, and you're already receiving your own retirement benefit, you SHOULD be eligible for a spousal benefit that would bring your total up to 50% of your husband's PIA (Primary Insurance Amount) if that amount is higher than your own benefit. However, there are some technical details that could be affecting your case: 1. The 50% spousal benefit is based on your husband's PIA, NOT his current payment amount. If he delayed beyond FRA and is receiving increased benefits due to delayed retirement credits, the spousal benefit is still calculated on his base PIA. 2. There's a specific order of filing that must be followed. Even though you've filed the SSA-2, make sure they processed it correctly as an "auxiliary benefit" rather than an initial claim. 3. Government Pension Offset (GPO) might apply if you ever worked in a job not covered by Social Security. At this point, I recommend: 1. Request a formal Benefits Calculation statement from SSA showing exactly how they calculated your current benefit and why you don't qualify for additional spousal benefits 2. Request a formal written determination that you can appeal 3. Consider contacting a different Congressional office (your House Rep as you mentioned) 4. Consider hiring an attorney who specializes in Social Security cases

Ugh the SSA is THE WORST! I've been fighting with them for 2 years about my widow's benefits calculation. Congressional inquiry didn't help me either. The only thing that finally worked was getting a referral to a specific person in the regional office from someone I met at a retirement seminar. Wish I had better advice but just want you to know you're not alone in this frustrating battle!!

After dealing with the SSA for nearly 30 years (I'm 92), I've learned that persistence and documentation are key. Here's what worked for me with a similar issue: 1. Get everything in writing - call the SSA and specifically request a formal written explanation of why you don't qualify for the spousal top-up. Tell them you need this for your records and potential appeal. 2. Once you have that denial in writing, you have something concrete to fight against. The appeals process has specific timelines and procedures. 3. The Congressional Inquiry is good, but as you've seen, it can result in generic responses. When you go back to your Senator, bring a VERY specific, numbered list of questions that require specific answers. 4. Consider contacting your local AARP chapter - they sometimes have volunteer benefits counselors who know the system well. 5. The level above Congressional Inquiry would technically be legal action, but before you go that route, try working with a different SSA office. Sometimes a different claims representative will handle things differently. Don't give up! The system is designed to wear people down, but you're entitled to clear answers about your benefits.

One thing that might help - when you call SSA (using Claimyr or waiting it out), specifically ask for a "PEBES" explanation. This stands for "Pre-retirement Earnings Benefit Estimate Statement" and shows exactly how they calculated your benefit. Also request a "spousal benefit calculation worksheet" which they don't typically offer unless you specifically ask. When I finally got through to someone, I asked for these specific documents and the agent was able to show me exactly where the miscalculation had occurred. In my case, they had incorrectly applied an early filing reduction even though I had filed at FRA.

have u thought about contacting the ssa's inspector general? they investigate when ssa isn't following there own rules. might be nuclear option but sounds like your at that point

Based on everything you've shared, here's a step-by-step plan that combines the best advice from this thread: 1. Call SSA using Claimyr (to avoid the wait) and request BOTH the formal written denial explanation AND the specific calculation worksheets mentioned (PEBES/SSNBF and spousal benefit worksheet) 2. Return to your Senator's office with copies of all your documentation AND the information you receive from step 1, requesting a senior caseworker who specializes in federal benefits 3. Simultaneously contact your House Representative to open a second Congressional inquiry with the specific questions you want answered 4. Contact your local AARP chapter for additional advocacy support 5. If all else fails within 30 days, consider contacting the SSA Inspector General's office The key is to pursue multiple avenues simultaneously while gathering the specific documentation needed for a formal appeal. Remember that the squeaky wheel gets the grease in these situations!