Ask Larry

My driver's license was recently stolen. To get it replaced, I needed to have my social security card and birth certificate. My mother still had them at her house, and she mailed them to me. I never received them, and she didn't make them traceable. I have no idea how to proceed from here, as I can't replace my social security card without my driver's license, and I can't replace my driver's license without social security. I have no other form of state ID. What can I do to fix this situation.

Hi. Social Security can accept documents other than a drivers license as proof of identity. For example, a U.S. passport, employee identification card, school identification card, health insurance card, or U.S. military identification card could potentially be used. For more information on how to go about obtaining a replacement Social Security card, refer to the following Social Security website: https://www.ssa.gov/ssnumber/ss5doc.htm.

Best, Jerry

I was just award social security disability, i received a 1099k from paypal. Gambling winnings. I haven't had an income since 2016 until i got this 1099k. Will i lose my disability?

Hi. Probably not. The only way that gambling winnings could affect your eligibility for Social Security disability (SSDI) benefits is if you're considered to be a professional gambler who's required to pay self-employment taxes on your winnings.

However, if you've been awarded Supplemental Security Income (SSI), then any type of income could adversely affect the amount of SSI benefits that you could be paid. SSI is a needs based program administered by Social Security, but it isn't funded by Social Security taxes. Only people who have little or no income or assets can qualify for SSI payments.

Best, Jerry

My husband started drawing his ss at 66. At that time I was 59. I started drawing at 62. Would I be able to request to draw spousal benefits? I think at that time my benefit amount was ,$750. I think his beginning amount was $1800.
Thank you

Hi. You can always apply for benefits from Social Security, but based on the limited amount of information in your question it sounds unlikely that you would qualify for spousal benefits while your husband is living. The only way that you would be eligible for spousal benefits during your husband's lifetime is if your husband's primary insurance amount (PIA) is more than twice as much as your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

If you started drawing your benefits at age 62 with a benefit rate of $750, then your PIA was probably at least roughly $1000. And, your husband's current PIA would have to be more than twice as much as your current PIA in order for you to be eligible for spousal benefits. I have no way of knowing what your and your husband's PIAs are, though, so you might want to consider applying for spousal benefits in order to get a formal determination of your eligibility from Social Security.

Best, Jerry

I am Canadian (with permanent residence status since 2003) living with my husband in U.S.A. We moved here in December 1996. I have never worked in American but am eligible for SS spousal benefits. We are considering retiring in Canada in 3 years when my husband reaches FRA. He is naturalized. He will apply for SS before we leave America. I know that I can receive spousal benefits while living in Canada because of certain Canada/U.S.A. Agreements. My question is. Do I have to apply for spousal benefits "before" I leave American. Or am I able to apply for spousal benefits "after" I return to and am living in Canada?

Hi. You can do it either way. For information about filing for U.S. Social Security benefits while living in Canada, refer to the following Social Security publication: https://www.ssa.gov/international/Agreement_Pamphlets/canada.html#claims.

The timing of when you and your husband should claim your benefits depends on numerous different variables, so the two of 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

Will I Receive the Social Security 2023 COLA if I am a widow and my windexing year is 2021? My dated of birth is March 1961, but my husband passed in 2019.

Hi. I'm sorry for your loss. The short answer is yes. But, a Windex computation could only be used if your husband died prior to age 62. In any case, though, widow's benefits include all Social Security cost of living (COLA) increases that occur after the deceased worker's death, regardless of whether or not the widow is collecting benefits when the COLA occurs. Windex computations can sometimes be used as an alternate computation if it yields a higher widow's rate than the normal computation method.

If you're insured for benefits on your own record, though, the 2023 COLA will not be added to your own Social Security retirement benefit rate. Your best strategy for claiming benefits depends on numerous different variables, so 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. By the way, our software is programmed to handle both Windex and non-Windex widow's benefit computations.

Best, Jerry

SSI back payment upon the successful appellate decision in my case I was to receive three years of back payments. I only got about ten months of back payments. I was given $5200.00 some odd dollars at the time I first applied the three years prior by SSA for reasons unaccounted for by SSA. Well I didn't spend any of that money due to not wanting to be responsible for over payment penalties. At the completion of appeal hearing I was penalized for not spending the unaccounted funds given to me by SSA. Can I be now given the twenty-five some odd months of uncollected back payments?

Hi. There isn't nearly enough information in your question for me to be able to tell you whether or not you may be eligible for additional benefits. What I can tell you is that the Supplemental Security Income (SSI) program does not pay benefits for any months prior to the month that a person applies for benefits. And, they couldn't pay you for any month earlier than when you were determined to have become disabled. So, any back pay for which you would be eligible could not extend any further back than the later of a) the date that you were determined to have become disabled, or b) the date of your application for SSI.

If you believe that you weren't paid accurately, then you may be able to file for a further appeal. For more information, refer to the following Social Security website: https://www.ssa.gov/apply/appeal-decision-we-made.

Best, Jerry

Hello ! My husband is an early retiree. I am getting spousal early retirement benefit. My husband adopted a disabled girl when she was 7 years old. At 18, she left the house and we never see her again.for about 12 years. The SSA told me that my spousal benefit is spit with her. ( in half) . I would like to ask if it is right. There were two different explanations at the SSA office. One said that my benefit will be spit with the girl. Another said the girl's benefit is in different fund.
Please advise. Thank you very much!

Hi. If your husband's daughter is over age 19 then the only way that she could be collecting benefits from his Social Security account if she's eligible for disabled adult child (DAC) benefits. DAC benefits can be paid to children age 18 and older if they became disabled prior to age 22 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0323.html). And, if your husband's daughter is collecting DAC benefits then the Social Security employee who told you that her benefits are paid from a different fund is apparently mistaken.

So, based on the assumption that your husband's daughter is collecting DAC benefits, then yes, you and she would have to split the amount available from the family maximum benefit (FMB) that can be paid to eligible family members drawing benefits on your husband's account. In fact, if your spousal benefit is reduced for age, then your husband's daughter could be receiving a somewhat higher benefit rate than you.

Best, Jerry

My 73 year old wife worked for a few years and began taking her SS benefit at her FRA. I just turned 69 and plan on filing for my benefit at age 70. I paid into SS for nearly 40 years and have by far the greater benefit due. I understand that when I apply, she will be entitled to an increased benefit which will equal 50% of my benefit. Is that correct?

Two questions: I turn 70 on February 8, 2024. (1) Specifically what date should I file for my benefit? (2) Does my wife need to take any action with the SSA people, or will my filing automatically include her?

Hi. Not exactly. When you start drawing your benefits it sounds like your wife will become eligible for an excess spousal benefit equal to the difference in her primary insurance amount (PIA) and 50% of your PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). So, if 50% of your PIA is higher than your wife's PIA and if she started drawing her own benefits at FRA, then her combined benefit rate should add up to 50% of your PIA, not 50% of your age 70 rate.

If you want to receive your full age 70 rate you'll want to claim your benefits effective with February 2024. Social Security allows you to apply up to 4 months early, so you could then apply as soon as October 1 2023. However, you could file your application on any date from October 1 2023 through August 31 2024 and still be able to claim February 2024 as your month of election to begin benefits.

Your wife won't automatically start getting spousal benefits based on your application. She'd need to apply for spousal benefits, which she can do as early as the same day that you apply for your benefits.

It sounds like 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 make sure that you're choosing the best possible strategy for maximizing your benefits.

Best, Jerry

My ssd was suspended I work 3 days a week when I got on ssd I worked 2 I'm on dialysis so I can't work full time no one never told me about how much you can work they now wait all this time and tell me my check is suspended

Hi. If you haven't already done so, you should make sure that Social Security has all of the details about your work and earnings so that they can make an accurate determination of your eligibility for benefits. People receiving Social Security disability (SSDI) benefits are required to notify Social Security if they start working, and give Social Security details about their work including how much they'll be earning. Without that information, Social Security can't act timely to suspend someone's benefits if they earn too much to qualify for benefits. The only earnings information that Social Security receives automatically are copies of people's W-2 forms, and self-employment earnings information reported on people's tax returns.

You could file an appeal, but since I don't have access to all of the details involved I can't tell you whether or not an appeal might be successful. Meanwhile, as long as your benefits are only suspended and not terminated, then assuming that your disability is something other than blindness, your benefits could potentially be reinstated if your earnings this year drop below $1470 per month.

Best, Jerry

Hi Larry,
I was married to my first spouse over 10 years. Divorced after 17 years. I remarried before I was age 60.

My current spouse began receiving their FRA benefit after age 66 before accidental death at age 67. I was told I am not eligible for spousal benefits due to my younger age of 54 and that I won't be eligible for survivor benefits until at the earliest, age 60 at a reduced rate.

1 year after current spouse died, my former spouse of over 10 years died.

Am I correct that I will be able to draw the appropriate reduced amount on my former spouses benefits when I turn age 60?

May I potentially change to my own benefits if my benefits reflect higher amount than my divorced survivor benefits amount at age 62?

If my divorced survivor benefits end up being higher than my own reduced benefits at at 62, may I continue to draw on my divorced survivor benefits from age 60-67 and then switch to my current spouses survivor benefits at age 67 which will be my FRA?

I am certain my current spouses benefits will be the highest amount of my potential 3 options I believe I have available to me.

Any advice is most appreciated.

Hi. I'm sorry for your loss. Yes, you could file a restricted application for survivor benefits on your first husband's record and later apply for either your own Social Security retirement benefits and/or widow's benefits on your second husband's account. Age 60 is the earliest that you can qualify for either surviving divorced spousal benefits or widow's benefits unless you're disabled, in which case you could potentially qualify as early as age 50.

It sounds like your plan to claim survivor benefits on your first husband's account at age 60 and later switch to higher benefits on your own record or on your second husband's account is probably sound, but the optimal order and timing involved depends on several different variables. Our software is programmed to handle circumstances such as yours, so you should strongly consider using the software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options in order to determine your best strategy for maximizing your benefits.

Best, Jerry