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Social Security survivors benefits denied due to earnings limit - different rules than expected?

I'm beyond frustrated with SSA and their confusing earnings limit rules! My husband passed away in 2022, and I finally decided to apply for survivor benefits this August (2025) when I semi-retired from my nursing job. I was born in February 1959, so my survivor FRA isn't until August 2026. Here's where I'm confused - the SSA rep told me I can't receive ANY survivor benefits this year because I've already earned $31,000 through July (before I cut back my hours). She said I'm over the annual limit and ineligible for payments in 2025 at all. But I thought there was a monthly earnings test in your first year of retirement? I specifically reduced my hours so I'd earn under $2,325/month from August through December. I was counting on getting those survivor benefits to supplement my reduced income! The rep scheduled a follow-up call for November to "complete my application" but basically told me not to expect anything this year. Did I misunderstand the rules completely? I was sure there was a special first-year rule that looked at your monthly earnings after you "retire" rather than the annual total. Getting to the SSA office is a nightmare (hour-long drive, terrible parking), so I really hoped to handle this by phone. Any advice on what I should do?

Ellie Lopez

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You're absolutely right about the monthly earnings test in your first year of retirement! The SSA rep gave you incorrect information. There are two earnings tests: the annual test AND the monthly test. In the year you first retire, you can use the monthly test, which looks at your earnings AFTER you "retire" (reduce work). So if you earned $31,000 through July, but will earn less than $2,325 per month from August-December, you SHOULD be eligible for survivor benefits for those months when you're under the monthly limit. The SSA rep likely only looked at your annual earnings and didn't apply the first-year retirement rule. This happens frequently - not all reps are familiar with all the details of every rule.

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Lauren Wood

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Thank you SO much for confirming what I thought! I knew I wasn't imagining things about the monthly test. What should I do now? Should I call SSA back and try to get a different rep, or just wait for my November appointment and bring this up then? I'm worried about losing those months of benefits.

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Chad Winthrope

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the same thing happened to my sister last yr!!! she ended up having to go IN PERSON to the office to get it fixed bc the phone ppl kept giving her wrong info. its so annoying they dont know there own rules!!!

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Lauren Wood

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That's what I'm afraid of! The SSA office nearest me is in such a bad part of town and parking is impossible. Did your sister eventually get backpay for the months they wrongly denied her?

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Paige Cantoni

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Call back IMMEDIATELY and ask to speak with a Technical Expert or Supervisor. Explain that you believe the rep misunderstood the monthly earnings test for the first year of retirement. You need this fixed now because: 1. Your benefits should start for any month you earn under $2,325 2. You shouldn't have to wait until November to resolve this 3. They need to document this correctly in your file Keep calling until you get someone who understands the rule. It's explained on SSA's own website here: https://www.ssa.gov/benefits/retirement/planner/rule.html The specific rule states: "In the first year that you retire, we use a monthly earnings test. This means that regardless of your yearly earnings, you can receive a full Social Security check for any month that you earn less than the monthly limit amount and you did not perform substantial services in self-employment."

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Kylo Ren

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Good luck getting through to them on the phone!! I tried calling SSA for THREE WEEKS straight back in March about a similar issue... either busy signals or being on hold for hours only to get disconnected. Totally frustrating!!!

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Nina Fitzgerald

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I had this same problem last year but with regular retirement benefits. What helped me was using Claimyr to get through to a rep quickly (https://claimyr.com). I was skeptical at first, but after weeks of busy signals and disconnections, I tried it and got through to SSA in about 15 minutes. The agent I spoke with immediately understood the monthly earnings test and fixed my application. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I got through, I asked for a Technical Expert like someone mentioned above, and they were able to correct the misunderstanding. Don't wait until November - this needs to be fixed now so you don't miss out on those months of benefits!

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Lauren Wood

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Thank you for the suggestion! I've never heard of this service before. I'm going to look into it right away because waiting until November seems ridiculous when I know the rep gave me wrong information.

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Jason Brewer

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THE SAME EXACT THING HAPPENED TO ME LAST YEAR!!! They claimed I made too much for the entire year even though I only worked January-June! I had to fight for MONTHS to get it fixed. The problem is that their computer system automatically flags you if your earnings for the year are over the limit. Then it takes a knowledgeable rep to override the system and manually apply the monthly test. DON'T WAIT til November!!! By then you'll have lost even more months of benefits. Keep calling until you get someone who knows what they're doing. Honestly, half the reps don't understand this rule correctly.

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Kiara Fisherman

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yep this is why i always tell people to go to the actual office if u can. phone reps are hit or miss but at least in person they have to deal with u and cant just hang up lol

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Lauren Wood

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UPDATE: I finally got through to SSA this morning and spoke with a different rep. You were all right - the first person gave me completely wrong information! The new rep confirmed that I AM eligible for survivor benefits for any month I earn under the monthly limit ($2,325), regardless of what I earned earlier in the year. She's processing my application with benefits starting in August 2025, and I should receive my first payment in September. She also said the first rep should never have scheduled me for November just to "finish the application" - there was no technical issue preventing them from processing it correctly now. Thank you all for your help! If anyone else runs into this issue, definitely call back and try to get a different rep who understands the monthly earnings test for the first year of retirement/semi-retirement.

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Paige Cantoni

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Great news! I'm so glad you got it resolved. This is unfortunately common - the rules are complex and not all SSA employees fully understand all of them. For future reference, anytime you get information that doesn't seem right, always call back and speak with someone else or ask for a Technical Expert or supervisor. Make sure to keep track of your earnings for the rest of 2025 to stay under that monthly limit. And remember that in 2026, they'll switch to just using the annual limit since it won't be your first retirement year anymore.

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Kiara Fisherman

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this is why i hate dealing with ss! their own people dont even know the rules half the time. my mom got told 3 different things by 3 different people about her widows benefits. glad u got it fixed tho!

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Chad Winthrope

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question - did they say anything about back benefits? my friend was widowed 4 yrs ago and just found out she could've been getting survivors this whole time. she applied and got 6 mo backpay but that's it. wondering if there's a limit on how far back they'll go?

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Ellie Lopez

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For survivor benefits, you can generally only get up to 6 months of retroactive benefits from when you apply. That's why it's so important to apply as soon as you're eligible, even if you think you might be affected by the earnings test. The exception is for disability benefits, where you can get up to 12 months of retroactive benefits. But for retirement and survivors, it's maximum 6 months back from application date.

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Kylo Ren

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Same happened to my sister. She finally got a rep who knew what they were talking about and it turns out she was eligible for survivor benefits all along. They gave her 4 months of backpay. Always get a second opinion with Social Security!

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