Ask Larry

My husband passed away October 2022. We have been married since 1986 n had 2 children, one passed away at age 23 (2017). We were legally separated in 1999. However we shared the same residence from 1986-1999 & again from 2005 -2017. He was in an assisted living home when he passed. I was the authorized person in charge of his care all of the way up to removing life support. However, I did ask the funeral home could we make payments to get his ashes n they said we could. When we went to make a payment they stated that they had gotten the state to pay for them, they thought. This ended up being the case and I signed for my remaining daughter to pick them up. Can I now get my disability (my DOB is 04-13-1965) (my late husband's DOB was 11-02-1954) now based on his work record? I have not worked since 2007 n had to quit due to my health. I am epileptic and have scoliosis, PTSD, severe depression, C2 n c3 and severely damaged in my fingers constantly go number, I have severe arthritis in my legs and hips (due to being run over at 10mph when I was 7 by a 1969 Buick that ran completely over both knees n I went over the handlebars of a bicycle at age 14 n slid 25 ft on my face n damaged my neck permanently, therefore I also have arthritis and as I said severe damage to my neck as a result). I also now have a disc out in the center of my back. We were married 36 years. I have already been denied like 8 times due to not following through by missing appointments, as they took my driver's license back in 2003 due to seizures. The man at SS says I cannot now use my husband's work record to apply, can I?

Hi. I'm sorry for your losses. Social Security is required to accept applications from anyone who wants to apply, so you can definitely file an application for benefits on your husband's record. Since you're between ages 50 and 60, it sounds like may be able to qualify for disabled widow's benefits (DWB) now provided that your medical condition is determined to be disabling based on Social Security's standards. If you're not determined to be disabled, then the earliest that you could claim regular widow's benefits is at age 60. The fact that you were legally separated would not adversely affect your ability to qualify for DWB or widow's benefits based on your husband's account.

DWB benefits are calculated at a rate of 71.5% of the deceased spouse's primary insurance amount (PIA), as are regular widow's benefits if you start drawing them at age 60. And, that 28.5% reduction is permanent unless you also qualify for Social Security disability (SSDI) benefits based on your own earnings history. You could also reapply for SSDI benefits now, but without knowing your full earnings history I can't tell you whether or not you may be eligible for SSDI benefits.

Even if you don't qualify for SSDI benefits, though, you could potentially claim Social Security retirement benefits at age 62 or later if you have at least 40 quarters (QC) of Social Security coverage. However, if you claim benefits on both your own account and on your husband's account, you could only be paid essentially the higher of the two benefit rates.

Best, Jerry

I'm disabled and was in the back to work program where I submitted work income monthly which $1 was deducted from every $2 over the monthly limit my ? Social security taxes where deducted each month from my pay check as well, does this increase my over all social security payments since I paid more into the program

Hi. Social Security disability (SSDI) benefits don't get reduced by $1 for every $2 that you earn over a certain limit, so I assume that what you receive must be Supplemental Security Income (SSI). SSI is a needs based program that isn't funded by Social Security taxes, so paying Social Security taxes won't increase your SSI payment amount.

However, assuming that you don't already qualify for SSDI benefits, the fact that you paid Social Security taxes on your wages could help you gain insured status for either SSDI benefits or regular Social Security retirement benefits. Whether or not you can qualify for SSDI or Social Security retirement benefits depends on your age and past earnings history, so I would suggest that you contact Social Security to ask them check your records to see if you might qualify for any additional benefits.

Best, Jerry

I worked in the US for 7 years and then moved to the UK in 1985 and worked there until I moved back to the US in 2016, where I am now working again. Right now, according to Social Security, I did not work between 1985 and 2016. I understand that there is a reciprocal agreement between the US and UK. Can I get social security credit for my National Insurance contributions in the UK? I'm almost 69, so will need to start taking social security in about a year and a half. Thank you.

Hi. If you have fewer than 40 quarters (QC) of U.S. Social Security coverage, then your UK contributions could be used to make you eligible for a totalization benefit (https://secure.ssa.gov/apps10/poms.nsf/lnx/0201701125) from the U.S. However, if you have at least 40 U.S. QCs without needing to count your UK earnings, then your U.S. Social Security retirement benefit rate will be calculated using the normal benefit computation method.

Social Security retirement benefits are based on an average of a person's highest 35 years of Social Security covered wage-indexed earnings, and if you have fewer than 35 years of U.S. earnings then zero earnings years will be included in the averaging. That would reduce your yearly average earnings, which in turn would mean a lower benefit rate. Your UK earnings can't be used in computing your U.S. benefit rate.

Additionally, there is a Windfall Elimination Provision (WEP) that could further lower your U.S. Social Security benefit if you receive a pension based on your work in the U.K. (https://www.ssa.gov/pubs/EN-05-10045.pdf). WEP can cause a person's benefit rate to be calculated using a less generous benefit calculation formula than the one that's normally used.

Our software is programmed to calculate both WEP and non-WEP benefit calculations, although it does not calculate totalization benefit rates. Assuming that you have at least 40 QCs, though, you may want to consider using the Social Security benefit calculator included in our software (https://maximizemysocialsecurity.com/purchase) to find out how much you can expect to receive when you apply for benefits.

Best, Jerry

Hi - a recent confusion around COLAs. 35 of highest earnings are indexed inflation adjusted but only up to age 60, if someone wants to wait until age 70 to claim, there is no COLA or inflation adjustment to these earning age 60 to 70? Seems like a long period of time with no COLA, is that correct and what is the rationale from SSA for this? Thank you very much.

Hi. No, that is not correct. All Social Security cost of living (COLA) increases that occur after a person reaches age 62 are added to their Social Security retirement benefit rate, regardless of whether or not they are collecting benefits when the COLA occurs.

You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

I will be switching from widows benefits that I have been receiving on the 3rd of the month to my own benefits at age 70 in April. Will my payment date change based on the day of the month I was born? (6th)
Thanks much.

Hi. Yes, if you were born on the 6th day of a month, then when you claim your own benefits you'll be paid on the second Wednesday of each month.

Best, Jerry

if you lived together fot 48 years and never remarried can you collect social security of theirs?

Hi. You can't actually collect someone else's Social Security benefits, but you can potentially qualify for auxiliary or survivor benefits based on someone's Social Security record. However, you can only qualify for spousal, divorced spousal, or surviving spousal or divorced spousal benefits if you have or had a legally recognized marriage, or a domestic relationship that is recognized as the equivalent of a marriage under state law. Living together in and of itself does not make a person eligible for Social Security benefits on the record of the person with whom they live(d).

Social Security recognizes state laws when determining whether or not a person had a legally recognized marriage. Those rules vary by the person's state of residence, so the best way to find out if you're eligible for benefits would likely be to file an application with Social Security. That way you'll receive a formal determination of your eligibility that also affords you with appeal rights.

Best, Jerry

First, my German husband and I are divorcing. He has German pension that I hope will be divided between us. I have not been able to find out whether my part of the settlement will be deducted from my SS due to WEP. (I do not have 30 years of "substantial earnings" as defined by WEP).

I am hopeful that the German pension portion that I receive will not count against my SS, since the half of the pension that I receive is not based on my own earnings.

Can you clarify?

Second, I myself have a small ($200) German pension that is based on years child-rearing in Germany. I am wondering whether this will count as foreign pension? Again, I am hopeful that it will not, since it is not based on earnings.

Thank you!

Hi. The Windfall Elimination Provision (WEP) can only cause a person's U.S. Social Security benefit amount to be reduced if the person receives a pension that is based on THEIR OWN work and earnings that were exempt from U.S. Social Security taxes (https://www.ssa.gov/pubs/EN-05-10045.pdf). Therefore, if your German pensions are not based on your work and earnings, then they won't cause your U.S. benefit amount to be reduced due to WEP.

Best, Jerry

I'm a disabled senior citizen and they will not give me SSDI I get SSI and SSA but not SSDI why?

Hi. The purpose of Social Security disability (SSDI) program is to allow people who become unable to work due to a disability to start collecting their Social Security benefits early. SSDI benefits aren't a separate benefit that can be paid in addition to your regular Social Security retirement benefit. You can't be paid both Social Security retirement benefits and SSDI benefits at the same time. Qualifying for SSDI benefits simply allows people to start collecting their full Social Security retirement benefit rate without having to wait until their full retirement age (FRA).

SSDI benefits are calculated at 100% of the disabled person's primary insurance amount (PIA), as are unreduced Social Security retirement benefits if a person starts drawing their benefits at FRA. If a person is collecting SSDI benefits, when they reach FRA, their SSDI benefits convert to regular Social Security retirement benefits at the same benefit rate.

Best, Jerry

Hello I receive ssi and I feel really not getting enough can you help me I also should be getting Medicare but I get only medical

Hi. I'm sorry, but there isn't nearly enough information in your question for me to know if you're receiving the correct payment amount. Supplemental Security Income (SSI) is needs based, and payment rates vary depending on a person's income, living arrangement, and the state in which they live. If you think that you should be receiving a higher payment amount, you should probably call Social Security and discuss it with them.

In order to be eligible for Medicare you must either be at least age 65, or be receiving some type of Social Security disability benefit, or have end stage renal disease (https://www.hhs.gov/answers/medicare-and-medicaid/who-is-eligible-for-medicare/index.html). Being eligible for SSI payments does not make you eligible for Medicare. However, if you think that you may be eligible for Medicare, you can apply for it by contacting Social Security.

Best, Jerry

Hello sir; my wife retired last year and when doing our taxes, I entered the amount on her SSS-1099. It took us from a plus to owing 1850.00. this despite that doing the math on the back of the form was less than 32,000.
A: 13296. X .50 = B: 6648.00..C: 19981.38 E: 26,629.36. Any help is greatly appreciated. Jim

Hi Jim. I'm sorry, but my expertise is limited to Social Security benefits, not income tax regulations. You'll need to either consult a tax expert or the IRS if you have questions about your income taxes.

Best, Jerry