Ask Larry

I am having difficulty getting a my social security account. It does not recognize me. I tried everything. Can you help me?

Hi. I'm sorry, but no. My expertise is limited to Social Security benefits, not the Social Security website. You'll probably need to contact Social Security directly to ask for assistance.

Best, Jerry

I started social security benefits in August 2022, but I want to withdraw them now, March 2023. I'm within the one-year limit. I had other income in 2022, so the tax on the benefits would be high. So I want to give them back. But: if the income is in 2022 and the withdraw and payback is in 2023, Do I need to pay IRS income tax on the benefits with my 2022 taxes and then somehow take it back on my 2023 taxes? That would be difficult: I can't give the IRS 20% or 30% if I have to give 100% back to the SSA.

Hi. Your tax obligation for 2022 will be based on the amount of benefits you collected that year. That's true even if you later pay those benefits back as a result of withdrawing your application. You could, though, potentially receive a credit for the benefits repaid in 2023 when you file your tax return for 2023.

Income tax regulations are outside of my area of expertise, though, so you you should probably check with the IRS or refer to the following IRS publication: https://www.irs.gov/pub/irs-pdf/p915.pdf.

Best, Jerry

Hi Larry. I am approaching 70 YOA in July, 2023. As I was born prior to Jan 1, 1954 I have been receiving half my husband's FRA benefit after he filed a few months after his FRA. He was also born prior to Jan 1, 1954. I'm very concerned about the current debt ceiling stalemate in Congress and I'm thinking of filing to receive benefits starting in May rather than July. Sort of getting my request on the record before they start cutting benefits. Can I file now in March to start in May? Do you thing this is a good idea? It would only cost be about $350 annually. Thanks very much. Ellen

Hi Ellen, Yes, you could file now and to switch to your own benefits in May, but I don't think that concerns about the debt ceiling should cause you to do so. Social Security has never failed to pay all of the benefits that they are obligated to pay, and I don't have any reason to think that would change regardless of Congressional haggling over the debt ceiling.

Your best strategy depends on a number of different variables, so before deciding on what to do you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your options so that you can make the best possible choice on when to switch to your own benefits.

Best, Jerry

My brother in law is about to claim his SSA benefit at age 70. He said his wife will claim hers as well, but will receive half his benefit rather than her own since it is higher than hers. My question is ... I claimed my benefit at full retirement age and my wife did so at age 62. Since half of my benefit is more than her benefit, can we do a retro claim of half mine for her rather than what she now receives?

Hi. No. Your wife could potentially withdraw the application she filed at age 62, but only if a) she's been drawing benefits for less than 12 months, and b) if she pays back all of the benefits she's already been paid (https://www.ssa.gov/manage-benefits/cancel-your-benefits-application). If your wife is allowed to withdraw her prior claim and if she chooses to do so, she could then file a new application for benefits.

But, unless your wife was born prior to January 2 1954, she wouldn't be allowed to apply just for spousal benefits without being required to apply for her own benefits at the same time. And, even people born prior to January 2 1954 can only apply for spousal benefits without being required to apply for their own benefits at the same time if they claim benefits at their full retirement age (FRA) or later.

Therefore, regardless of when your wife was born, she couldn't have applied for benefits at age 62 and claimed spousal benefits instead of her own benefits. Anyone who applies for either Social Security retirement or spousal benefits prior to their full retirement age (FRA) are deemed to be filing for both benefits. Furthermore, spousal benefits, like retirement benefits, are reduced for age if started prior to the person's FRA. So, if you filed for your benefits at FRA and if your wife applied for benefits at age 62, her benefit rate would have been significantly less than 50% of your benefit rate even if she qualified for spousal benefits.

For example, say Bob & Joy file for Social Security retirement benefits today. Bob is FRA but his wife Joy is 62. Bob's PIA, which is equal to the his FRA benefit rate, is $2000. Joy's PIA is $1000, however, her benefit rate is reduced to $700 because she's starting her benefits at age 62. If Joy applies for spousal benefits, her spousal rate would be calculated by subtracting her PIA from 50% of Bob's PIA, which would result in a spousal rate of $0 (i.e. $2000/2 - $1000). Therefore, even though Joy's reduced benefit rate is less than 50% of her husband's PIA, she isn't eligible for spousal benefits.

The bottom line is that your wife could still apply for spousal benefits, but she'll only qualify for them if 50% of your PIA is more than her own PIA. And, if your wife does qualify for spousal benefits, her own benefit rate and her spousal rate will be reduced for age if she starts drawing them prior to her FRA.

By the way, the highest possible spousal benefit amount that your brother in law's wife could be paid is 50% of his PIA, not 50% of his age 70 rate.

Best, Jerry

My husband is a retired letter carrier and does not receive social security benefits. He has health issues and recently got a kidney transplant. Is he entitled to spousal benefits from my social security? He is 73 and I am 71. He has been retired since 2008.

Hi. The short answer is, probably not. If your husband applies for spousal benefits it sounds like he would be likely be technically entitled, but there is a Government Pension Offset (GPO) provision that would probably prevent him from actually collecting any spousal benefits. Assuming that your husband receives a civil service pension based on his earnings that were exempt from Social Security taxes, then any Social Security spousal or survivor benefits for which he would otherwise qualify would almost certainly be offset by 2/3rds of the amount of his civil service pension.

Therefore, it sounds like your husband could probably only be paid spousal benefits if his spousal benefit rate is more than 2/3rds of the amount of his civil service pension. However, without knowing all of the actual facts involved, I can't give you a definite answer. Your husband may want to file an application for spousal benefits in order to get a formal determination of his eligibility from Social Security.

Best, Jerry

Hi Larry....great that you do this for people...some of the other people's questions are close to mine but not exactly...I'm still working in 2023...I'm to start benefits for April 1...this is my FRA...year..full r age August...I still need to work till the end of this year...I will not be any where near the 56k by Aug 1 but might go over 4710 in April and may because of vacation payouts...am I limited to the monthly amount or yearly for the time between April and August..thanks

Hi. No. If you'll reach your full retirement age (FRA) in August 2023 and if you'll earn less that $56,520 from January 1 through July 31 2023, then you could be paid benefits for any or all months of 2023 regardless of how much you earn in any given month.

However, before deciding when to start your benefits, you should 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 possible strategy for maximizing your benefits.

Best, Jerry

I'm trying to determine if the benefit amount given to me during an SSA phone appointment is correct. I'm 60 years old and my ex-husband (married 23 yrs) died in 2021 at age 59. The SSA rep disclosed ex-husband's PIA (full retirement benefit at age 67) =$3245. I was told if I waited until age 67 my survivor benefit would be $2677 (82.5%). It seems this is because my Ex-husband was receiving SSDI (SSA rep wouldn't disclose). My question is: If I take benefit now (age 60yr 11m) using chart of 'Reduced Benefits for Survivor born 1962 or Later' it shows 79.3%. Is this percentage multiplied of Ex's PIA ($3245 x .793 =$2573), or do I use the 82.5% of PIA ($2677 x .793 = $2123)??? SSA rep calculated the 2nd way but I am hoping they are supposed to use 100% PIA in calculation of reduced benefit until ager 62 yr 8m when chart shows equals 82.5%. I'm really looking for this answer so I can decide to proceed with application. THANKS. I've run scenario couple times on your software but still not sure I'm plugging in numbers correctly.

Hi. It sounds like you were misinformed by the Social Security representative with whom you spoke, which seems to be getting more and more common. If your ex-spouse died prior to age 62, then no reduction for age would be applied to your survivor rate if you wait until your full retirement age (FRA) to start drawing survivor benefits. The only way that your survivor rate could be limited to 82.5% of your ex's primary insurance amount (PIA) is if he collected reduced Social Security retirement benefits prior to his death, which would be impossible if he died before age 62.

When a deceased worker dies prior to FRA and without having collected reduced retirement benefits, unreduced surviving spousal benefits payable from that worker's account are calculated at 100% of the deceased worker's PIA. That's true regardless of whether or not the deceased worker collected Social Security disability (SSDI) benefits prior to their death. So, if you wait until your FRA to start drawing survivor benefits, it sounds like you should then receive 100% of whatever your ex's PIA is at that time. His PIA will increase as a result of any future Social Security cost of living (COLA) increases.

I don't know what reduction factor chart you're looking at, but the correct percentage of your ex's PIA that you would receive if you claim survivor benefits effective with age 60 & 11 months is 75.2% (https://www.ssa.gov/benefits/survivors/1962s.html). Your best strategy for claiming benefits depends on numerous different factors, so before applying you should 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 have been disabled since I was 21. My father died years ago and just found out that I may be eligible for DAC benefits. Social security never informed me of this. I got a CDR in 2019 and they approved and never have brought up applying for a DAC. If I apply now will I get another CDR because of the DAC application. I read that it will but wanted to ask you too. Thanks

Hi. Applying for disabled adult child (DAC) benefits wouldn't necessarily cause a continuing disability review (CDR) of the benefits you currently receive. The only way that it would is if something discovered during your application process indicates that you may no longer be medically classified as disabled for benefit purposes.

If you're currently receiving Social Security disability (SSDI) benefits and if your disability onset date was prior to age 22, it's possible that that determination could be adopted to approve you for DAC benefits. However, there are other entitlement factors that must be met for DAC eligibility (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0410.html), so I can't tell you whether or not you'll qualify.

The only way to find out if you're eligible for DAC benefits is to apply for them and get a formal determination from Social Security. And, you'll probably want to do so ASAP since there is a 6 month limit on payment of retroactive benefits.

Best, Jerry

I've been working since I was 13 1/2 years old. With a couple of breaks in between because of sickness. For about a year both times I work 40 hours and I'm 66 1/2 years old so I am at retiring age. My question is if I was to go to 32 hours for the next four years till 70 would the amount that I would get from Social Security Change, and if so, approximately how much

Hi. I can't answer that without knowing your full annual Social Security covered earnings history and the annual amount that you'd be earning in the future. Social Security retirement benefits are based on an average of a person's highest 35 years of Social Security covered wage-indexed earnings, so additional years of earnings only increase a person's benefit rate if they're higher than one or more of the 35 years currently being used to calculate the person's benefit rate.

Our software (https://maximizemysocialsecurity.com/purchase) could calculate your benefit rate with or without your expected future earnings, so you may want to strongly consider using our software to fully compare and analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

My family receives survivor benefits and my oldest turned 18 in Dec but doesn't graduate until May. He went to social security and had his check turned over to him. When he graduates, will his check come back to the family?

Hi. When your oldest child's benefits stop, it will only increase the amount of benefits payable to other family members if their benefit rate is being reduced due to the family maximum benefit (FMB) amount. Surviving children can be paid up to 75% of the primary insurance amount (PIA) of the deceased parent, but if the total amount of benefits payable exceeds the FMB payable on the deceased parent's account then the eligible children, and widow if also eligible, must split the FMB limit.

So, without knowing more about your family's composition, I can't tell you how the termination of your oldest child's benefits will affect the benefit rates of other eligible family members. You should be able to find out by calling Social Security, though, since they would have access to the necessary records.

Best, Jerry