Ask Larry

My husband age 63 is collecting Social Security disability. I'm 64, still working, and plan to wait to claim my social security at age 70. Can i claim spousal disability benefit, then switch to my retirement benefit at 70 without reduced amount?

Hi. Assuming that you don't have a child in your care who is eligible for benefits on your husband's record, then the answer is no. People born after January 1 1954 are deemed to be filing for both their own Social Security retirement benefits and for spousal benefits whenever they apply for either benefit. Therefore, if you apply for spousal benefits you'll be forced to apply for your own benefits at the same time. In that event, you can only be paid what is essentially the higher of the two benefit rates, and your benefit rate will be reduced for age if you claim benefits prior to your full retirement age (FRA).

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

Best, Jerry

I started taking my surviving spouse benefits at age 60 was only working part time. I have a job now making over the allotted amount but SS kept sending checks, so now I apparently owe SS 7,000. If I go back to part time to make under the 19,000 cap, will my survivor benefits continue or do I have pay this overpayment back first? And how long will it take for SS to start payments back.

Hi. Assuming that you'll be under your full retirement age (FRA) throughout 2023, as long as you earn less than $21,240 this year then you'll be due all of your benefits for the year. However, that won't repay your overpayment from a prior year(s).

Social Security will propose withholding your full benefit payment for as long as it takes to recover your overpayment, so the length of time that they'd need to suspend your payments depends on your monthly benefit rate. Once the overpayment is recovered, they'll resume your payments. If you prefer, you could ask Social Security to only withhold a portion of your monthly benefit payment each month to apply to your overpayment, but then it will take longer to recover the overpayment.

Best, Jerry

Thank you all for answering my previous questions, and all of the other questions I read on this website. I am just looking for some confirmation about filing for Social Security benefits. If I understand them correctly, if I am below my Full retirement Age, and am collecting either my own or spousal benefits, Social Security can withhold Social Security payments based on my earnings, if I exceed the earnings levels published. Any benefits withheld due to earning over the limit before Full Retirement Age will be returned after I reach Full Retirement Age, by retroactively adjusting my Primary Insurance Amount to account for any months I was not eligible for Social Security benefits.
In the case of Survivor Benefits, this is not the case. If I file before my Full Retirement Age for Widow's benefits (or surviving spousal benefits), whatever amount I am awarded (based on the percentage reduction from my deceased spouse's Primary Insurance Amount) is what I receive, even if I earn over the limit and and do not receive the full survivor's benefit.
Filing for survivor's benefits does not automatically file for any other benefits I may be entitled to.
If the above is true, please confirm. Thank you all again, for this service you provide, and the software that you have.
Lei Lani

Hi Lei Lani. It sounds like you might be misunderstanding some of the regulations. You can apply for either your own Social Security retirement benefits or for widow's benefits while waiting until later to claim the other benefit, but if you claim either retirement or widow's benefits prior to your full retirement age (FRA) your benefits can be fully or partially withheld if you work and earn too much. The social security earnings test applies to all types of non-disability benefits up until a person reaches their FRA (https://www.ssa.gov/benefits/retirement/planner/whileworking.html).

Also, if you apply for either retirement or widow's benefits prior to FRA and if some or all of your benefits are withheld due to the earnings test, your benefit rate would be adjusted effective with the month you reach FRA to reduce the percentage reduction for age that was originally applied to your benefit. Such benefit adjustments are not retroactive to the person's initial month of benefit entitlement. Benefits lost to the earnings test aren't actually returned to the person, other than in the form of a higher monthly benefit rate starting at FRA due to the lesser reduction rate applied.

For example, let's say Amy applies for her Social Security retirement benefits 3 years, or 36 months, prior to her FRA. Amy's primary insurance amount (PIA), which is equal to the amount she would receive if she started drawing benefits at FRA, is $1000. However, Amy's benefit rate is reduced for age by 20% to $800. Amy is still working, and due to her earnings her benefits are withheld for 18 of the 36 months between her initial month of entitlement and her FRA. In that case, Amy's benefit rate would be adjusted effective with the month she reaches FRA to remove half of the 20% reduction for age that was initially applied to her benefit rate. That would raise Amy's benefit rate from $800 per month to $900 per month (i.e. PIA of $1000 x .9) effective with the month she reaches FRA.

Our software (https://maximizemysocialsecurity.com/purchase) is programmed to handle earnings test considerations and reduction factor adjustments, so you should strongly consider using the software to fully compare and analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

I'm am 70 and still teaching in California
I am collecting social security from my own earnings about $1,200 a month.
My ex husband recently died and I am told I can get his social security about $2,000. Month.
I'm planning on retiring in 1 or 2 years.
I'm confused about Windfall and Gop
I think I'll get about $500 a month from my own social security earning when I start collecting my teacher pension after Windfall.. If I take the ex spousal death benefit it seems I will get no social security because they will apply GOP. I've read all I can find with a Google search and on the Social Security website. Still confused.
I've called Social Security several times and they just offer to send a pamphlet which is no help
Should I switch over to ex spousal benefits or stay with my own earned benefits? I do not want to end up with no benefits from Social Security when I retire and start collecting my teacher pension.
Thanks in advance your time.

Hi. It sounds like you should file a claim for your survivor benefits ASAP. First of all, neither the Windfall Elimination Provision (WEP) nor the Government Pension Offset (GPO) will reduce your benefits until you claim your teacher's pension. Secondly, by applying for survivor benefits you won't be 'switching' from your own benefits to survivor benefits. Instead, you would continue to be paid your own benefits plus an additional partial survivor benefit amount that's equal to the difference between your own amount and the full survivor rate. The two benefits would then add up to the higher survivor rate.

For example, let's say Jane is over full retirement age (FRA) and she's collecting her own monthly Social Security retirement benefit of $1200. Jane's ex-spouse dies, and his monthly Social Security retirement rate was $2000. Assuming that Jane meets the requirements for surviving divorced spousal benefits (e.g. married to the deceased for more than 10 years), she could then be paid her own $1200 plus a survivor amount of $800, giving her a combined benefit rate of $2000.

Jane subsequently starts receiving a non-Social Security covered government pension, subjecting her own benefit rate to a WEP reduction and her survivor benefit to a GPO offset. Jane's survivor benefit amount would be reduced by 2/3rds of the full amount of her non-covered pension. So, if Jane's non-covered monthly pension amount is $1200 or more, it would reduce her $800 survivor benefit to zero. However, Jane could still be paid her own WEP reduced benefit rate, since WEP never reduces a person's benefit rate to zero.

Therefore, claiming survivor benefits won't adversely affect your own benefit now or in the future. And, even if GPO fully offsets your survivor benefit once you claim your teacher's pension, any survivor benefits you collect before then will be a bonus.

Best, Jerry

My husband and I were married in the USA . He left this country and went back home to Mexico do you work there the rest of his life can I collect his Social Security?

Hi. You can't collect your husband's actual Social Security benefits or any of the Social Security taxes he paid, but you might be able to qualify for spousal or survivor benefits. If your husband is living and if you're still married to him, then you could only qualify for spousal benefits if he is drawing Social Security retirement or disability benefits. If you're divorced from your husband, you could only qualify for divorced spousal benefits if your husband is either drawing his benefits or if he's at least age 62 and he worked in the U.S. long enough to be insured for benefits. Also, you would need to be at least age 62 to qualify for either spousal or divorced spousal benefits, unless you have a child in your care who is collecting child benefits on your husband's account (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html).

If your husband is deceased and if he worked in the U.S. long enough to be insured for Social Security, you may be able to qualify for widow's benefits if you're at least age 60, or at least age 50 and disabled (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0402.html), or if you have a child in your care who is collecting child benefits on your husband's account.

Best, Jerry

Hi,

I reached full retirement age on January 2022 and retired on August 2022. I earned seven month's of delayed retirement credits. I started getting social security benefits from September 2022. I expected an increase in my social security benefits due to delayed retirement credits starting from for benefits for January 2023. But it did not happen.

When can I expect to get the increase in my benefits due to delayed retirement credits? Does it help to expedite the process by calling SSA?

Thanks,

Jack

Hi Jack. Partial year delayed retirement credits (DRC) like those for which you are apparently eligible are added using an automated benefit recomputation process. My understanding is that Social Security only processes those types of automated recomputations every other year, so it may take until sometime in 2024 before you actually receive your benefit increase from DRCs. Whenever Social Security processes your benefit recomputation, though, they will pay you any back pay that you're due retroactive to your benefit payment for January 2023.

As far as I know, you can't expedite the process of getting credit for partial year DRCs by calling Social Security.

Best, Jerry

Can I she the social security office for holding back a month on my widow's benefits??? That is out right theft!!!

Hi. I assume you meant to type 'sue' rather than 'she'. You can check out your legal options with a lawyer if you want, but there is an established appeals process for questioning a Social Security determination with which you disagree. You can find the instructions for filing an appeal on the following Social Security website: https://www.ssa.gov/apply/appeal-decision-we-made.

The last step of the appeals process is filing a federal district court action, which in essence would amount to suing Social Security.

Best, Jerry

I'm divorced after being married for more than ten years. I plan on filing for social security spousal benefits because my own benefit would be less than half of my former spouse's. But if I file at 67 (my age to qualify for full benefits) my former spouse will only be 65. Would I still receive half of his full social security amount, or would it be reduced because he hasn't reached full retirement age? Should I wait until I'm 69 and he is 67? Thank you!

Hi. Yes, as long as your ex-spouse is at least age 62 when you apply for divorced spousal benefits, as long as you're at least full retirement age (FRA) when you claim benefits you can still qualify for up to a full 50% of his primary insurance amount (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).

However, if you have at least 40 quarters (QC) of Social Security coverage based on your own earnings history, then you can't apply for divorced spousal benefits without being required to claim your own benefits at the same time. If your own PIA is less than 50% of your ex-spouse's PIA and if you apply for benefits at your FRA, you would then be paid your PIA plus a partial divorced spousal rate equal to the difference between your PIA and 50% of your ex's PIA. The result would be that you'd then qualify for a combined benefit amount equal to 50% of your ex's PIA.

It sound like you may want to 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 66 in April, 2023 and my wife will be 63 next month. I ran the maximize SS numbers. It said she should apply for benefits now for herself and our 11 year old and I should apply for child-in-care spousal benefits now and let my benefits grow until I am 70 (for a number of years, my wife stayed home with the kids and I earn about 4 times what she does). I called SSA to apply, and they said child-in-care spousal benefits are only for younger spouses (under 62) and I can not do that. They said I can only apply for regular spouses benefits or benefits on my own record. Your book and software says the opposite. What should we do?

Hi. No. What you were apparently told by a Social Security employee isn't true. First of all, employees of the Social Security Administration (SSA) can't legally prevent someone from applying for any type of benefit that the agency administers. If someone applies for a type of benefit for which they don't qualify, it's then SSA's responsibility to disallow the person's claim. That would then give the disallowed claimant appeal rights.

More specifically to your situation, though, we've been assured by high ranking SSA officials that there is no upper age limit at which a person can qualify for child in care spousal benefits. And, since deeming does not automatically apply to applications for child in care spousal benefits, you should be able to apply for child in care spousal benefits now while allowing your own Social Security retirement benefit rate to grow until you reach age 70 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204035#b2).

Therefore, there's no reason that you can't apply for child in care spousal benefits, regardless of your current age. One thing you'll want to be sure to do, though, is to add a statement in the remarks of your application stating: "I am restricting the scope of this application to child in care spousal benefits only. I wish to exclude my own Social Security retirement benefits from the scope of this application." Then, shortly before reaching age 70, you'll need to file another application in order to claim your own Social Security retirement benefits.

Best, Jerry

Hello,
I will be receiving CPP and OAS from Canada. Before moving to Canada I worked in US for 28 yrs. Normally I would not be eligible for OAS because I have been in Canada for 19 yrs and you need 20 yrs to be eligible for OAS. However, because of the totalization agreement with the US and Canada I can count one of my US years to be eligible for OAS. Because I am using the totalization agreement for OAS but not CPP does WEP sill apply to me? Or, do they only consider CPP eligibility requirements for WEP in which I do not need to use the totalization agreement.
Thanks

Hi. The fact that your OAS pension from Canada is partially based on the U.S./Canadian totalization provision won't exempt you from the Windfall Elimination Provision (WEP). Since OAS pensions are based on Canadian residency as opposed to your earnings, OAS pensions can't cause a WEP reduction to a person's U.S. Social Security benefit rate regardless of whether or not the totalization agreement was involved in the person's OAS eligibility (https://www.ssa.gov/international/Agreement_Pamphlets/canada.html#cppqpp).

The only pensions that can cause a WEP reduction are pensions that are based on a person's earnings that were exempt from U.S. Social Security taxes, like the Canadian Pension Program (CPP) or the Quebec Pension Plan (QPP). If your eligibility for a CPP pension was dependent in part on your U.S. Social Security credits based on the totalization agreement, then your CPP pension wouldn't cause a WEP reduction. Assuming that your CPP eligibility isn't dependent on the totalzation agreement, then unless you meet one of the other WEP exceptions it's likely that your U.S. Social Security retirement benefit rate will be subject to WEP.

Our software (https://maximizemysocialsecurity.com/purchase)is fully programmed to handle benefit computations involving WEP, so you should strongly consider using our software to fully compare and analyze all of your various options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry