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Will switching from W-2 to 1099 contractor affect my Social Security survivor benefits earnings limit?

I'm 57 and currently receiving survivor benefits from my late husband who passed away three years ago. I've been working part-time as a W-2 employee at a healthcare facility, carefully staying under the annual earnings limit. Now I have an opportunity to do similar work but as an independent contractor with 1099 income instead. I'm confused about how this might affect my survivor benefits. Does Social Security treat 1099 income differently than W-2 earnings when calculating the earnings limit? And is the earnings limit calculated monthly or just annually? I don't want to accidentally go over and have to pay back benefits. Thanks for any insight!

Social Security doesn't care whether your income is from W-2 employment or 1099 self-employment - both count toward the earnings limit for survivor benefits. For 2025, if you're under Full Retirement Age (FRA), the annual limit is $23,400, and they'll deduct $1 in benefits for every $2 you earn above that limit. The monthly earnings test only applies in the first year you claim benefits. After that, it's strictly an annual calculation. As a self-employed contractor, they'll look at your net earnings (after business expenses), not your gross income. Make sure you keep good records of legitimate business expenses to reduce your countable income.

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Diego Flores

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Thank you for explaining! So they'll look at my net profit after expenses on Schedule C. That's actually helpful since I'll have business deductions that I don't get as a W-2 employee. Do you know if they check earnings monthly or just at tax time? I'm worried about suddenly owing back thousands if I miscalculate.

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Sean Flanagan

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Be SUPER CAREFUL with 1099 work because they check everything! My sister lost 6 months of survivor benefits because she didn't realize her part-time business income counted!! The SSA doesn't warn you when you go over - they just send a notice months later saying you owe them thousands back. It's a TERRIBLE system that punishes people for trying to work!!! 😡

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Zara Mirza

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same happened to me but w regular retirment. went over by like $800 and they made me pay back $1500 in benefits. now i just dont work at all bcuz its too stressful. my neighbor says apply for SSDI instead but im not disabled just widow

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NebulaNinja

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As others mentioned, both W-2 and 1099 income count toward the earnings limit. However, there are some important differences to consider with self-employment: 1. For self-employment, SSA counts net earnings (after expenses), not gross income 2. They apply special tests for self-employment - they look at work activity as well as income 3. If you work over 45 hours monthly in self-employment, they may consider that substantial work regardless of earnings 4. You'll need to pay both parts of Social Security/Medicare taxes (15.3% total) as a self-employed person You should report estimated earnings to SSA at the beginning of the year, then they'll adjust benefits based on what you expect to earn. If your earnings change during the year, update your estimate to avoid surprises.

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Diego Flores

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Wait, I didn't know about the 45-hour rule! That's concerning because even though I'd earn less than the annual limit, I might work that many hours some months. Does that really mean they could stop my benefits even if I earn under the $23,400 limit? This seems so complicated.

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Luca Russo

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my husband died last yr & i get his SS now. i tried calling SSA to ask about working but was on hold 3+ hrs & never got anyone!!! so frustrating!!

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Nia Wilson

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Actually, I need to clarify something about self-employment for survivor benefits. The 45-hour rule is mainly for disability benefits (SSDI), not survivor benefits. For survivors, it's primarily the income that matters, not the hours worked. But do keep track of both your hours and earnings anyway, as SSA sometimes looks at both factors when determining if you're engaging in "substantial work." The monthly test is really only applicable in the first year of receiving benefits. Also, with self-employment, you'll need to make quarterly estimated tax payments for both income tax and self-employment tax. Consider setting aside at least 25-30% of your earnings for taxes.

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Diego Flores

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That's such a relief! I was starting to panic about the hours limit. I'll definitely set aside money for quarterly taxes - hadn't thought about that difference from W-2 work. I think I'll also call SSA directly to explain my situation and make sure I understand everything correctly. Thank you all for the helpful information!

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Mateo Sanchez

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just wondering why ur still working anyway? cant u just get ur husbands full benefit? my aunt gets like $2800 from her husbands SS and doesnt have to work at all

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Diego Flores

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Because I'm only 57, so I'm getting reduced survivor benefits. If I wait until my FRA at 67, I'd get 100% of his benefit. But I still have a mortgage and my benefits alone aren't enough to cover all my expenses. Plus working keeps me connected with people and gives me purpose after losing my husband.

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Zara Mirza

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i heard that if u do 1099 work u can do the thing where u put all money into a solo 401k and then it doesnt count for SS earnings test. my tax guy told me that last year but i didnt try it

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NebulaNinja

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That's actually incorrect and could get someone in trouble with SSA. For the earnings test, Social Security counts your earnings before any deductions for retirement plans. Contributing to a Solo 401(k) can reduce your income taxes, but not your countable income for the Social Security earnings test. Be careful about getting tax advice that sounds too good to be true.

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Diego Flores

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Thanks everyone for all the helpful information! I'm going to call SSA directly to confirm everything before making my decision. I'll definitely keep careful records of all my business expenses if I go the 1099 route, and make sure to set aside money for quarterly taxes. It seems like self-employment might actually work better for me since I can deduct legitimate business expenses from my countable income. I really appreciate all your insights!

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Good plan! One more tip: When you call SSA, ask them about how to submit earnings estimates for the year. They have a form for this, and it helps them adjust your benefits proactively rather than discovering an overpayment later. Also ask them to document your call in your file - that can help protect you if there are questions later about whether you properly reported your work activity.

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