Social Security earnings record missing 25+ years at family business - can I fix this before FRA?
I'm panicking as I approach my full retirement age and discovered something shocking in my Social Security earnings history. I worked at our family business for nearly 30 years, but I'm only showing ONE YEAR of earnings (1997) on my Social Security record! My ex-husband apparently removed me from the payroll after that year without my knowledge. The missing earnings are substantial - we're talking about $45,000-65,000 annually that should've been credited to my SS record. Based on my current calculation, adding those earnings would more than DOUBLE my monthly benefit. I have almost no documentation since he handled all the business finances. I did manage to get a copy of his earnings history during our divorce proceedings (which was extremely contentious - ended up winning a restraining order against him). We were married for 31 years, but I can't claim spousal benefits because he stopped paying into Social Security years ago for reasons I still don't understand. I've already talked to an attorney who wasn't encouraging. I have a phone interview scheduled with SSA next week, but I'm not sure what to say or what proof they'll need. I have no 401k or substantial savings, so this retirement benefit is literally all I'll have to live on. Has anyone successfully corrected their earnings record for a situation like this? Is there any hope? Or should I just accept the lower amount and try to move on?
16 comments
Avery Davis
I'm so sorry you're dealing with this. This is definitely a complex situation that involves both Social Security rules and potentially some tax/legal issues. First, Social Security has a statute of limitations for correcting earnings records - generally 3 years, 3 months, and 15 days after the year in question. However, there are exceptions for "fraud or manifest injustice" which might apply in your case. For your SSA interview, bring whatever documentation you have that shows you worked at the business - even if it's not direct payroll records. This could include: - Business licenses that list you as an owner/partner - Any tax returns where you were listed on the business - Bank statements showing business deposits - Customer testimonials/affidavits confirming your work - Any business correspondence showing your role You should also look into whether you qualify for divorced spouse benefits (even if he wasn't paying in). If you were married 10+ years (you were), are 62+ (sounds like you are), and are unmarried, you might qualify for up to 50% of his PIA.
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Ev Luca
•Thank you so much for this detailed response! I didn't know about the exceptions for fraud - that gives me a little hope. I'm not sure if I have any of those documents you mentioned since he controlled everything, but I might be able to track down some old customers who could write statements confirming I worked there. About the divorced spouse benefits - that's what's so frustrating. His benefit amount is actually LESS than what I would get on my own record (even with the missing years) because he stopped paying into the system. The 50% of his benefit would be even lower than my own calculation.
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Collins Angel
Oh my goodness this is HORRIBLE!!! My blood is boiling for you! Your ex sounds like a complete nightmare. I'm going through a similar situation except my ex never reported ANY of my earnings for 15 years when I worked at his construction company. SSA basically told me without W-2s I was out of luck. Have you checked with the IRS? They might have records that SSA doesn't have access to. Also what about your divorce decree - did it mention anything about your role in the business? I'm so stressed about my retirement too - no savings and now this mess with my earnings record. It's like the system is designed to fail women who worked in family businesses!!!
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Marcelle Drum
•The system isn't designed to fail anyone. It's designed to work with proper documentation and tax payments. If someone worked under the table or didn't have proper documentation, that's not SSA's fault. They can only go by official records. That's why it's so important to check your earnings statement EVERY YEAR.
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Tate Jensen
I went through something similar but on a smaller scale (ex left me off payroll for 3 years at our retail shop). What helped me was finding an advocate who understands the SSA system. Have you tried contacting SSA by phone directly? I know it can be extremely frustrating - I spent WEEKS trying to reach someone knowledgeable about earnings records. After getting disconnected multiple times and waiting on hold for hours, I discovered Claimyr (claimyr.com) which got me through to an actual SSA agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent I spoke with walked me through exactly what documentation would help my case. For me, it was finding my old business license that proved I was a co-owner during those missing years. I still had to gather a lot of evidence, but at least I knew what I was looking for.
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Ev Luca
•Thank you for sharing your experience! That gives me hope that it might be possible to fix this. I'll check out that service - I've already tried calling SSA multiple times and kept getting disconnected. I need to speak with someone who really understands these complicated situations before my phone interview.
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Adaline Wong
Few important things to understand about your situation: 1. Self-employment earnings can sometimes be corrected beyond the normal time limits if you can prove you filed Schedule SE and paid self-employment taxes. 2. Your ex may have committed tax fraud by removing you from the business records without your knowledge. The IRS might be interested in this case. 3. For your SSA interview, ask specifically about Form SSA-7008 (Request for Correction of Earnings Record). This is the proper form for your situation. 4. Look into filing Form SS-8 with the IRS (Determination of Worker Status) which might help establish you were an employee. 5. If your divorce settlement mentioned your role in the business, bring that documentation. Don't give up - this is worth fighting for since it affects your entire retirement. The difference between your correct benefit and the reduced one could be hundreds of thousands of dollars over your lifetime.
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Gabriel Ruiz
•This is all good advice but lets be real, without actual proof like W2s or tax filings its gonna be nearly impossible to fix 25+ years of missing earnings. My aunt tried something similar and SSA basically told her without documents they couldn't help. Not trying to be negative but just setting realistic expectations...
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Collins Angel
Did you try checking with your states department of labor or business registration office?? Sometimes they keep records that might show you were part of the business!! Also did you file taxes jointly during those years?? If so those returns might help prove you were involved in the business!!! This makes me so mad that someone could do this to their spouse!!
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Ev Luca
•We did file jointly but he always handled that too. I'm going to try to get copies of our old tax returns from the IRS. I don't know if that will help since he probably filed everything as if he was the sole owner, but it's worth a try. And yes, I'm still shocked he would do something that would affect me for the rest of my life.
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Marcelle Drum
Let me clear something up. There are two separate issues here: 1. Missing EARNINGS on your record - this is what affects your Social Security benefit amount 2. Divorced spouse benefits - this is 50% of your ex's full retirement age benefit if you were married 10+ years For #1, you need proof you actually paid FICA taxes on those earnings. No taxes paid = no credit, regardless of whether you worked or not. For #2, it doesn't matter if he "stopped paying in" - if he has 40 quarters of coverage (10 years) total, he's insured for retirement benefits, and you would qualify for divorced spouse benefits based on his record if you were married 10+ years. You should apply for BOTH your own retirement and divorced spouse benefits. SSA will pay whichever is higher.
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Avery Davis
•This is an excellent point about applying for both benefits. Even if the divorced spouse benefit ends up being lower, it's important to have SSA calculate both options. Sometimes people are surprised by which one is actually higher, especially when detailed benefit calculations are done.
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Misterclamation Skyblue
i went thru similar thing with my husbands carpentry business... i did the books for 12 yrs but he never put me on payroll. when i applied for ss they said i only had like 25 credits and needed 40!!! i had to take a job at walmart for 4 more years just to get enough credits to qualify. now my benefit is like $840 a month. can barely live on that but what choice do i have. hope u have better luck than me
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Tate Jensen
•This is so common with small family businesses, and it's heartbreaking. Women especially end up in these situations where they worked for decades but have nothing to show for it on their Social Security records. I'm sorry you went through this.
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Ev Luca
Thank you all for these responses! I'm taking notes on everything you've suggested before my call with SSA. I'll try to get my old tax returns and see if there's anything there that helps. I'm also going to check with our state's business registration office like someone suggested. About the divorced spouse benefits - yes, I know I qualify since we were married over 30 years. What I meant was that his benefit is very low (he only paid the minimum for many years), so 50% of his benefit is actually less than what I qualify for on my own record, even with the missing years. So that doesn't really help me. I'm feeling a little more hopeful now that there might be options, but still preparing myself for the possibility that I'll have to accept the lower amount. Thank you all again.
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Adaline Wong
•You're doing the right thing by gathering all possible documentation. One more suggestion: if you had any joint business bank accounts during those years, get statements showing your name on the account. Also check for business credit cards that listed you as an authorized user. For your SSA interview, be very specific about the years in question and have a clear timeline of your work history. Don't let them rush you off the phone - these complex cases require patience from both sides. Good luck and please let us know how it goes!
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