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.

I had a very similar situation with my own family about two years ago. What helped me was getting a written explanation of their calculation methodology from SSA. When I compared it to the official POMS manual online (particularly sections GN 00615.060 and RS 00615.742), I found discrepancies in how they applied the family maximum. The key issue in your case seems to be the order of operations. They should determine your spousal benefit eligibility FIRST (comparing your benefit to 50% of husband's PIA), then apply any family maximum reductions. It sounds like they're doing it backwards - dividing up the family maximum first, then seeing what's left for you. I'd recommend two things: 1) Request a written breakdown of their calculations, and 2) Print out the relevant POMS sections to bring with you when you meet with them. Having the official policy in hand really helped when I had to push back on their initial calculation. Also, document everything - dates of calls, names of representatives you speak with, and exactly what they tell you. This becomes important if you need to escalate further up the chain.

I'm going through something very similar right now with my own family's benefits! My husband just filed for retirement benefits and we have a disabled adult child who qualifies for DAC benefits. When I spoke with SSA about my spousal benefits, they gave me almost the exact same explanation - that I don't qualify because my own benefit is higher than my "share" of what's left after the family maximum. But like you, my own benefit is definitely less than 50% of my husband's PIA. After reading through all these responses, I'm convinced they're applying the family maximum incorrectly. They should be determining our spousal benefit eligibility FIRST based on the full 50% comparison, then applying any family maximum reductions proportionally. I'm planning to call SSA tomorrow and request a detailed breakdown of their calculations, and I'm going to specifically ask to speak with a Technical Expert who specializes in complex benefit calculations. Would you mind updating us on what you find out when you call? I'd love to know if they acknowledge the error and how they handle the reconsideration process. Thanks for posting this - it's so helpful to know I'm not the only one dealing with this confusing situation!

I've been following this discussion closely as someone who works in benefits advocacy, and I want to emphasize that what you're describing sounds like a clear calculation error by SSA. The methodology they used - dividing the family maximum first and then determining spousal eligibility - is backwards according to established procedures. Here's what should happen in your situation: 1. Your husband gets his full PIA (unaffected by family maximum) 2. You should be eligible for spousal benefits if your own benefit is less than 50% of his PIA (which you've confirmed it is) 3. Your DAC should be eligible for 50% of your husband's PIA 4. ONLY THEN should SSA check if the total exceeds the family maximum and apply proportional reductions to auxiliary benefits The fact that multiple people in this thread are experiencing the same issue suggests this might be a training or systematic problem at SSA offices. I'd strongly recommend not just requesting a reconsideration, but also filing a formal complaint if they don't correct the error. The Office of the Inspector General has processes for reporting systematic benefit calculation errors. Document everything when you call, and don't let them dismiss your concerns. You have a right to accurate benefit calculations according to the law, not some shortcut method that leaves you with less than you're entitled to receive.

As someone who recently went through a similar benefits review process, I want to add that when you call SSA, it's really important to get the name and direct contact information of whoever handles your case. I made the mistake of not doing this initially and had to start over multiple times with different representatives who gave me conflicting information. Also, if the first person you speak with can't provide a clear explanation of their calculation methodology, don't hesitate to ask to speak with their supervisor or a Technical Expert right away. I wasted weeks going in circles with representatives who clearly didn't understand the family maximum rules with DAC benefits involved. One more tip - when you do get the written breakdown of their calculations, compare it not just to the POMS sections others have mentioned, but also check it against the Annual Statistical Supplement examples that SSA publishes. Sometimes seeing actual numerical examples helps identify where their calculation went wrong. Keep us posted on your progress! Your situation is helping so many of us understand these complex rules better.

I'm a newcomer to this community but have been dealing with Social Security benefits for my elderly parents, so I've been following this discussion with great interest. What strikes me most is how consistent everyone's experiences are - it really does sound like there's a systematic problem with how SSA is handling family maximum calculations when DAC benefits are involved. For those of you planning to call SSA, I'd suggest also asking them to provide you with the specific regulation or POMS section they're using to justify their calculation method. If they can't cite the actual policy, that's a red flag that they're not following proper procedures. Also, I've found that sometimes local SSA offices have different levels of expertise with complex cases. If you're not getting satisfactory answers from your local office, you might have better luck calling the national 1-800 number and specifically requesting to speak with someone who specializes in family maximum calculations with disabled adult children. This thread has been incredibly educational - thank you all for sharing your experiences and knowledge. It's concerning that so many families might be receiving incorrect benefit amounts, but it's encouraging to see people advocating for themselves and helping each other navigate this complex system.

As a newcomer to this community, I've been reading through this entire discussion with great interest since I'm currently navigating Social Security benefits for the first time with my own family situation. What really stands out to me is how knowledgeable and supportive everyone here is - this has been incredibly educational! I don't have direct experience with DAC benefits, but the consistent pattern of SSA representatives giving the same incorrect explanation about "dividing the family maximum first" that multiple people have described is really concerning. It definitely sounds like there's a systematic training issue rather than just isolated calculation errors. For those of you planning to call SSA, one additional suggestion: consider recording the key points of your conversation in writing immediately after the call (date, time, representative name, what they told you, next steps, etc.). If you do need to escalate to a formal complaint or reconsideration, having that detailed documentation could be really valuable. I'm really hoping the original poster and others dealing with this issue get their benefits calculated correctly. This discussion has shown me how important it is to understand these complex rules and advocate for yourself - I'll definitely be more prepared if I encounter similar issues with my own family's benefits. Thank you all for sharing your knowledge and experiences so openly!

As a newcomer to this community, I've been following this discussion closely and I'm really impressed by the level of expertise and support everyone is providing. This has been incredibly educational for someone like me who is just starting to navigate Social Security benefits. What really strikes me is how this appears to be a systematic issue rather than isolated errors. The fact that multiple families are receiving nearly identical explanations from SSA about "dividing the family maximum first" - when the correct procedure should be determining spousal eligibility first - suggests there may be widespread training problems or incorrect internal guidance at SSA offices. For everyone dealing with this issue, I wanted to add one more resource that might be helpful: the Social Security Administration's Program Operations Manual System (POMS) is publicly available online at policy.ssa.gov. The specific sections mentioned in this thread (GN 00615.060 and RS 00615.742) contain the official procedures for family maximum calculations. Having these printed out when you call or visit SSA could really strengthen your case. Also, if you do end up needing to file a formal complaint, the SSA Office of the Inspector General has an online reporting system specifically for benefit calculation errors. It's concerning that this systematic issue might be affecting many families with disabled adult children who may not realize their benefits are being calculated incorrectly. Thank you all for sharing your experiences so openly - it's helping educate newcomers like me about the importance of understanding these rules and advocating for accurate benefit calculations.