Social Security family maximum confusion - DAC benefits reducing spouse's benefits despite lower than 50% PIA

The family maximum rules are really complicated, but I'll try to help. When there's a disabled adult child (DAC) involved, the family maximum is divided among eligible family members AFTER the primary worker gets their full benefit. The remaining amount gets split, but there's a specific order of priority. I believe your husband gets his full PIA first, then the "remaining" family maximum gets divided. But they should check if you qualify for spousal benefits BEFORE applying the family maximum reduction, not after. Regarding Child in Care, that typically only applies if you're under FRA and caring for a child under 16 or disabled. Since you're 65, I don't think that's relevant to your situation.

I went through something similar last year with my family. The way it works is that your spousal benefit calculation happens FIRST, but then the family maximum comes into play and can reduce what you actually receive. It's super frustrating. Basically, your husband gets his full benefit first (not affected by family max), then they calculate what everyone else would get normally. THEN they apply the family maximum reduction proportionally to everyone except your husband. So if the total would exceed the family maximum, everyone else's benefits get reduced proportionally. The SSA explanation makes it sound like they just divided the remainder 50/50, which doesn't sound right to me.

the SSA always messes this stuff up! they did the same thing to my sister's family and she had to fight for MONTHS to get it fixed. good luck getting anyone at the office who actually understands these rules!!

Have you tried calling SSA to get this cleared up? I recommend using Claimyr (claimyr.com) to get through to a live person without waiting on hold for hours. I used their service last month when I had issues with my own benefits calculation and was connected to an agent in minutes. They have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. It's way better than trying to get answers at the local office where no one seems to understand these complicated rules.

In my experience, the family maximum is so confusing because it affects every case differently. But I DO know that your spousal benefits should be calculated BEFORE applying the family maximum, not after. And your husband's benefit is never reduced by the family maximum.

After reading through everyone's responses, I think you should definitely request a reconsideration. Ask specifically for a detailed breakdown of how they calculated everyone's benefits. Make sure they explain: 1. What's the exact family maximum amount in your case? 2. What would your spousal benefit be without the family maximum? 3. What would your DAC's benefit be without the family maximum? 4. How did they apply the reduction to stay under the family maximum? Sometimes SSA representatives don't fully understand these complex cases, so you might need to speak with a Technical Expert who specializes in complex benefit calculations.

the whole system is rigged if u ask me!! my cousins disabled kid got WAY more than she shouldve while his mom got almost nothing. makes NO sense how they divide this stuff up!!

Let me clarify how this should work according to SSA rules: 1. Your husband receives 100% of his PIA (not affected by family maximum). 2. Your adult disabled child (DAC) is eligible for 50% of your husband's PIA. 3. You are eligible for the higher of: - Your own retirement benefit - The difference between your own benefit and 50% of your husband's PIA (the spousal "top-up") 4. After determining what each person should receive, SSA checks if the total exceeds the family maximum. If it does, they reduce the auxiliary benefits (yours and the DAC's) proportionally while your husband's remains unchanged. It sounds like SSA may have incorrectly divided the remaining family maximum first, then determined your eligibility based on that reduced amount rather than comparing your benefit to the full 50% of PIA. Regarding Child in Care benefits - this doesn't apply in your situation since you're over FRA. This provision only applies to spouses under FRA caring for children under 16 or disabled children.