Social Security retirement at 62 while receiving workers comp death benefits - income rules confusion
I'm turning 63 in April and considering early retirement after losing my husband (54) in a workplace accident last October. I have some questions about how everything fits together with Social Security. My situation: I'm receiving 70% of my late husband's salary through workers comp death benefits until either I remarry or pass away. These payments aren't taxable, but I'm confused if SSA considers this 'earned income' when calculating my benefits? I'm still working full-time ($89,000/year) which apparently puts me over the threshold for survivor benefits right now. But I'm trying to figure out: 1. WHEN does Social Security start counting my income for benefit reductions? Is it based on last year's income, my income when I file, or my income when I actually start receiving checks? 2. Do I need to choose between survivor benefits, my husband's SS, or my own retirement benefits? Can I mix and match? 3. If I take survivor benefits early, can I switch to my own benefits later at my FRA? Any help making sense of this complicated mess would be appreciated. I'm trying to figure out the smartest way to maximize what I receive while not violating any rules.
18 comments
Chloe Boulanger
First, I'm so sorry for your loss. Let me try to help with your questions: 1. Workers comp death benefits are NOT considered earned income for Social Security purposes. They won't count toward the earnings test, but they might affect other benefits. 2. For the earnings test (what reduces benefits if you work before FRA), SSA looks at your current year earnings. If you're planning to retire, they'll ask for an estimate of what you'll earn in the year you file. They'll adjust based on what you actually earn. 3. As a widow, you have options. You can take: - Reduced survivor benefits as early as age 60 - Your own reduced retirement as early as 62 - Either benefit at full amount at respective FRAs 4. Yes, you can switch between benefits! Many widows take reduced survivor benefits early, then switch to their own retirement benefit later if it's higher (or vice versa). With your current income, you're right that you'd have substantial benefit reductions under the earnings test if you claim now. But once you actually stop working, that would change immediately.
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Noah Ali
•Thank you so much for this detailed information! So if I understand correctly, since I'm still earning $89,000, I wouldn't get much if I applied for survivor benefits now. But if I retire completely in June (my planned retirement date), then I could start getting the full survivor benefit amount from that point forward without reduction? And just to clarify - at my FRA (which is 67), I could then switch to my own retirement benefit if that would be higher?
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James Martinez
im so sorry about ur husband. just wanted to share that my mom was in similar situation when my dad died. she got workers comp death benefits too but she still got some survivors benefits from ssa. i think they did some kind of offset calculation? not 100% sure how it worked but she definitely got both. might be worth asking ssa directly about that.
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Noah Ali
•Thank you for sharing about your mom's situation. That's interesting she received both... I wonder if rules vary by state or if there's some calculation I'm not aware of. I'll definitely ask about potential offsets when I speak with SSA.
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Olivia Harris
I went through this when my spouse passed, and I want to clarify some important points: 1. The earnings test for 2025 if you're under FRA is $22,320 per year. For every $2 you earn above that, SSA withholds $1 in benefits. At $89,000, your benefits would be completely withheld. 2. Income counting starts the month you begin receiving benefits. If you retire in June and apply then, only your earnings from June-December count for the earnings test that year. 3. You have what's called a "Widow(er)'s Choice" - you can take ONE benefit early and switch to the other later. Most financial advisors suggest: - If your own benefit will eventually be higher: Take survivor benefits at 60 and switch to your own at 70 - If survivor benefit will be higher: Take your own at 62 and switch to survivor at your FRA Since you're already 62, I'd recommend consulting with an SSA representative about exact benefit amounts in your case before making any decisions.
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Alexander Zeus
•This is exactly right! And to add one more thing - when you're ready to apply, make sure you specifically tell SSA you want to file a "restricted application" for ONLY whichever benefit you're choosing first. If you don't specify this, they might just give you whichever is higher at that moment, which could cost you thousands in the long run by preventing the switching strategy.
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Alicia Stern
If ur getting workers comp death benefits, the SSA will probably make u fill out a bunch of extra forms. They ALWAYS make everything so complicated!!! My sister got widow benefits and had to fill out like 10 forms and still got denied the first time for no reason!! Had to appeal and wait another 3 months. So frustrating!!!
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Noah Ali
•Oh no, that sounds awful! I'm already feeling overwhelmed with all the paperwork and rules. Did your sister eventually get approved after the appeal? I'm worried about making mistakes on all these forms.
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Gabriel Graham
Have you tried calling Social Security to get answers specific to your situation? Their website has general info, but what you're dealing with is pretty complex and specific to your circumstances. I tried calling them last month about my retirement benefits calculation and gave up after being on hold for HOURS. Anyone know a better way to actually reach a human being there?
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Drake
•I was stuck in the same endless phone loop last month trying to fix an issue with my Medicare premium. Finally found a service called Claimyr (claimyr.com) that got me through to an actual SSA agent in about 20 minutes instead of the 2+ hour wait. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU For something as complicated as the OP's situation with workers comp death benefits and the widow benefit options, definitely need to speak with a real person who can look at all the specifics. Way too complex for general forum advice alone.
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Olivia Harris
One more important thing - you mentioned workers comp death benefits not being taxable. That's correct, but be aware that if you start receiving Social Security benefits (either survivor or retirement), up to 85% of those Social Security benefits may become taxable depending on your combined income. Combined income for this purpose = Adjusted Gross Income + Nontaxable Interest + 1/2 of Social Security Benefits So even though your workers comp death benefits aren't taxable themselves, they don't count toward making your Social Security benefits taxable. Just something to plan for with your tax situation.
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Noah Ali
•Thank you for this tax information - I hadn't even thought about how my Social Security might be taxed differently. I'll need to speak with my accountant about this before making final decisions. The last thing I need is a surprise tax bill!
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James Martinez
btw my friend told me widows can remarry after 60 without losing survivor benefits is that true???
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Chloe Boulanger
•Yes, that's correct - if you remarry after age 60, you can still collect survivor benefits on your deceased spouse's record. However, the OP mentioned that her workers' compensation death benefits would end upon remarriage, which is a separate issue from the Social Security survivor benefits. These are two different programs with different rules.
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Noah Ali
Thank you everyone for all this helpful information! I've scheduled an appointment with SSA for next month to go over all my options. Based on your advice, I'm thinking I might work until the end of the year to avoid any earnings test issues, then apply for survivor benefits in January when I'm 63. Then at my FRA or possibly at 70, I'll switch to my own retirement benefit if it would be higher by then. The workers comp/survivor benefit interaction is still confusing me though. I'll definitely ask SSA about any possible offset calculations. This has been so much more helpful than trying to figure it all out from the SSA website!
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Olivia Harris
•Sounds like a solid plan. Make sure to ask specifically about the "deemed filing" rules and how they apply to your situation as a widow. You want to ensure you maintain the ability to switch between benefits later. Good luck with your appointment!
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Alicia Stern
make sure u bring ALL ur paperwork to that appointment!!! birth certificates, marriage certificate, death certificate, workers comp award letter, tax returns, EVERYTHING. my aunt forgot one document and had to reschedule the whole thing and wait another month!!
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Noah Ali
•Thanks for the reminder! I'll definitely make a checklist of all documents to bring. I already have copies of everything ready in a folder, but I'll double-check that I'm not missing anything important.
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