Ask Larry

I have been on disability for 6 years. My husband worked until Feb. 2023 and I was on his insurance until then. I signed up for part B when he retired. My effective date isn't until 06/2023 because that's when I turn 65. Can I have it changed to now due to not having any other insurance coverage and I can't work?

Hi. Yes, it sounds like you would probably qualify for a Special Enrollment Period (SEP) based on your health insurance coverage through your husband's employer group health plan (EGHP). What you'll need to do is submit a new or amended Part B application form CMS-40B (https://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/CMS-Forms-Items/CMS017339), along with a form CMS-L564 (https://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/CMS-Forms-Items/CMS009718) that's been completed by your husband's employer. On the CMS-40B, you'll need to add a remark stating the month that you want your Part B coverage to begin, and that you want your request processed as an SEP enrollment.

Best, Jerry

How is it that my Social Security survivor benefit; ( offset to only $48 per month), that I received for only 10 months after being widowed for 8 years, was completely offset by the recent 8.7 % Civil Service Retirement COLA? Seems strange since Social Security received the same 8.7% COLA. Mathematically even Social Security stated that my benefit would be increased the same 8.7% and be increased to $52 per month in 2023, but due to the Government Pension Offset now be completely eliminated/ offset and I would receive no Social Security Benefit.

Hi. I'm with you on not understanding how the Civil Service Retirement System (CSRS) cost of living (COLA) increase could have fully offset your survivor benefits if they weren't fully offset before. Both Social Security and CSRS benefits receive the same percentage COLA increases. Therefore, since the Government Pension Offset (GPO) provision offsets Social Security survivor benefits by 2/3rds of the amount of a person's CSRS pension, I can't see why your net Social Security survivor rate shouldn't have increased somewhat after factoring in the COLAs.

It sounds like you should probably consider filing an appeal. The instructions for doing so can be found on the following Social Security website: https://www.ssa.gov/apply/appeal-decision-we-made.

Best, Jerry

My clients full retirement age is 65 and she has continued to work to age 70 (this year). If she continues to work beyond age 70 what would be the impact to her benefit?

Hi. For the record, the full retirement age (FRA) for someone turning age 70 in 2023 was 66, not 65. To answer your question, though, if your client works past age 70 she could potentially increase her benefit rate. Social Security retirement benefits are based on an average of a person's highest 35 years of Social Security covered wage-indexed earnings, so your client's future earnings would only increase her benefit rate if she earns more in a year than she did in one of her previous highest 35 years of Social Security covered wage-indexed earnings.

Regardless of whether or not your client continues working, though, she wouldn't want to wait past age 70 to claim Social Security retirement benefits. Delayed retirement credits (DRC) can only be accrued for months prior to the month that a person reaches age 70, so waiting past then to start drawing benefits wouldn't increase the person's benefit rate.

By the way, if you're a financial advisor you should strongly consider subscribing to our software (https://maximizemysocialsecurity.com/advisors) so that you'll be able to fully compare and analyze all of your clients' various options so that you can give them the best possible advice for maximizing their benefits.

Best, Jerry

I am Canadian, living in U.S.A. with Permanent Residence status. I have never worked in the US. We have lived here since 1996. My husband (who is now naturalized) has contributed to SS for 27 years (so far). We know that if he were to retire before FRA (3 years from now), and collects CPP, his benefits will be reduced by WEP. I am entitled to spousal benefits. I am collecting a small CPP. Will "my" CPP cause my "spousal benefits" to be reduced by WEP? If so, by what percentage?

Hi. No, at least not directly. The Windfall Elimination Provision (WEP) only applies to Social Security retirement or disability benefits payable based on a person's own Social Security earnings history. Therefore, your CPP pension won't cause your spousal benefit rate to be reduced.

However, spousal benefits are calculated based on 50% of the primary insurance amount (PIA) of the worker on whose account the spousal benefits are paid. Therefore, if your husband's PIA is reduced by WEP because he's collecting a CPP pension based on his Canadian earnings, that will in turn reduce your spousal benefit rate.

It sounds like you and your husband should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options so that you can determine the best overall strategy for maximizing your benefits.

Best, Jerry

I have been receiving SSDI since 2000. My husband and I were married the same year. He began receiving SSDI when diagnosed with AML and continued up until his death in Dec., 2021. At that point he had been on SSDI for about 4 years and his check was $1844 per month after deductions. I received $784 after deductions.

I filed for Disabled Widows Benefits in November, 2022 and have had to go through the entire disability process all over again, although my health has declined. I was originally told it would be expedited because I was already determined disabled and any continued evaluations demonstrated as much. Now, I know that "expedited" isn't a real world when it comes to Social Security, so I decided to go with the "longest amount of time" of six months. I have all sorts of paperwork in, and am only waiting for that meeting with the vocational person in March. But I am barely holding on and had hoped to qualified for an income-restricted apartment and I needed an estimate of what my monthly income WOULD be. So, I made the phone call...

I currently receive $1039 and Medicaid pays for Medicare. I was told I would receive about $805 in disabled widow's benefits on top of my own SSDI. I understand the concept of how it works, but isn't it supposed to be 71.5% of the deceased spouse's benefits? Do they mean 71.5% of the SSDI amount he was receiving, or the 71.5% of what his full retirement benefit would be? Also, COLA has increased 5.99% in 2022 and jumped to over 7% (?) for 2023. Will all of those be added in?

So, if I understand what I was told, I will receive $1,039 + $805 for a total of $1,844. This means it is just the same SSDI benefit he received prior to death without any COLA increase. And it isn't based on his full retirement amount? The distinction on whether the deduction comes off of his SSDI (which is a deducted amount anyway) or his actual retirement Social Security at full retirement, is found NOWHERE!

I just need to be able to make wise decisions with the little money I have.

Thank you in advance

Hi. I'm sorry for your loss. Disabled widows benefits (DWB) are calculated based on 71.5% of the deceased worker's primary insurance amount (PIA), but if you're collecting your own Social Security disability (SSDI) benefits then your DWB benefit amount would be calculated at 71.5% of the difference between your own PIA and your husband's 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), or their full SSDI benefit rate.

Therefore, assuming you're approved for DWB benefits, you should continue to be paid your own SSDI benefit plus a a DWB benefit equal to 71.5% of the difference between your PIA and your husband's PIA. Both your PIA and your husband's PIA should be credited with all of the Social Security cost of living (COLA) increases that occurred after you became entitled to SSDI benefits, and all future COLAs.

By the way, the 28.5% reduction for age that's applied to DWB benefits is normally permanent, but when a widow is collecting SSDI benefits at the time that they become entitled to DWB benefits then the 28.5% reduction in their DWB rate is removed when they reach FRA. So, when you reach your FRA of 67 you should get an increase in your DWB rate that will bring your combined benefit amount (i.e. your own benefit plus your widow's benefit) up to 100% of your husband's PIA.

Best, Jerry

Hi, Larry,

Thanks for all that you do. A quick question to which a few internet searches have not turned up an answer: I plan on waiting until 70 to begin taking social security. Do I have to notify the SSA that I do NOT plan on beginning benefits at full retirement age (66.5, which for me is five months from now)?

Thanks,
Stuart

Hi Stuart. No. Assuming that you aren't collecting Social Security disability (SSDI) benefits when you reach your full retirement age (FRA), Social Security won't automatically start paying you Social Security retirement benefits. You can simply wait to apply until you're nearing age 70, and your eventual benefit rate will be credited with all of the delayed retirement credits (DRC) you earned by waiting past your FRA to start drawing benefits.

Best, Jerry

My husband died of Covid in 2021 our children are grown and I'm in my 50's we're told I can't get widow benefits to young I didn't no to be considered a widow my spouse can't pass till I'm 60 that's when I will be considered a widow ?

Hi. I'm sorry for your loss. Age 60 is the earliest that a widow can qualify for Social Security widow's benefits unless they are disabled, in which case they can potentially qualify for disabled widow's benefits as early as age 50. So, unless you're disabled or you have a child in your care who is eligible for benefits on your husband's record, you won't be able to start drawing widow's benefits until the month you reach age 60.

By the way, widow's benefits are reduced for age if you start drawing them before your full retirement age (FRA). Therefore, 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 apply for spousal benefit SS when I turn 66 and 8 mo. in Dec. 2024 (my full ret. age). My husband began receiving SS just past his 65th birthday, at his full ret. amount, in Oct. 2019. It seems from your prior answers that I will miss the COLA increase credit in Jan 2020 because I didn't turn 62 until April 2020. Can I calculate my benefit in 12/24 at half of his Full Benefit in 2019, plus any COLA beginning Jan 2021? So my anticipated benefit will still rise until I reach Full Retirement age? In other words, I can't just anticipate getting half of what my husband receives at my full retirement since I missed that first COLA increase. I have been given multiple answers to this question.

Hi. If you qualify for Social Security retirement benefits based on your own earnings history and if you were born in April 1958, then the first COLA that would be credited to your own retirement benefit rate would be the one that occurred in January 2021. However, unreduced spousal benefits are calculated based on 50% of the primary insurance amount (PIA) of worker on whose record the spousal benefits are paid. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

Therefore, if you qualify for spousal benefits, your spousal benefit rate will be credited with all of the Social Security cost of living (COLA) increases that occurred after your husband turned age 62. All of those COLAs increase your husband's PIA, which in turn increase your spousal benefit rate. So, if you file to start drawing spousal benefits effective with the month you reach FRA and assuming that you aren't eligible for retirement benefits on your own record, your spousal rate will equal 50% of whatever your husband's PIA is at the time you reach FRA.

Best, Jerry

My wife and I were both born in 1957 and remain married. She is a few months older than I am. After having read your book (the revised Getting What's Yours), we planned to initiate her retirement benefit at her FRA later this year, and wait to initiate my benefit and her excess spousal benefit when I turn 70 (her FRA benefit is only a few dollars more than her spousal benefit). However, in re-reading the book, I became concerned about the viability of this strategy. On p. 60 it sounds like she would be deemed to be fling for her spousal benefit this year since I am above age 62, and since she cannot receive her spousal benefit unless I also file, one could conclude that I would be forced to file this year instead of waiting. Elsewhere in the book it sounds like our plan is sound and viable. Can you confirm/clarify? Thanks.

Hi. Your plan is certainly viable. Even though your wife will technically be deemed to be filing for spousal benefits when she applies for her own benefits, that would not require you to apply for your benefits. If you don't start drawing your benefits until sometime after your wife claims her benefits, her spousal deeming wouldn't take effect until the first month that you start your benefits.

Your plan sounds fine based on the limited information in your question, but whether or not it's the best possible strategy for you and your wife depends on a number of different factors. You and your wife may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options so that you can determine the filing strategy that you believe would be the most likely to maximize your benefits.

Best, Jerry

Hi,
My husband passed away in August of 2019. We have a 15 year old son. We started collecting widow and child benefits shortly after. Since then I was found to be disabled as of April 2022. They cut my widows benefit and my sons child benefit under my deceased husband record and switched it to benefits under my work record. I am 48 years old. My question is, wouldn't my son be eligible under both records? Wouldn't he be considered simultaneously entitled and the family max combined? They are only paying him based on my work record. He gets half of my monthly disability payment amount only. Also, wouldn't I be eligible for some of my deceased husband's benefits because I am caring for his son?
Thanks,
JDB

Hi JDB. I'm sorry for your loss. Even though your son is apparently simultaneously entitled on both your account and his father's account, he can only be paid on one account, not both. I can't give you much in the way of specific information without more details, but I can give you some general information. Surviving child benefits are calculated based on 75% of the deceased parent's primary insurance amount (PIA), whereas child benefits on the account of a living parent are calculated at 50% of the living parent's PIA. Therefore, it sounds like your son would likely qualify for roughly the higher of either a) 75% of his father's PIA or b) 50% of your PIA.

However, even though your and your husband's family maximum benefits (FMB) can be combined if your son is simultaneously entitled on both records, the FMB can still in some cases limit the benefit amount payable to less than the child's full benefit rate.

Furthermore, even if you technically qualify for both Social Security disability (SSDI) benefits on your own account and for survivor benefits, you can't be paid both benefits in full. If your SSDI rate is higher than your survivor rate, you could only be paid your SSDI benefit. But, if your SSDI benefit is lower than your survivor rate, you could be paid your full SSDI benefit plus a partial survivor benefit. The two benefits combined could add up to as much as the higher survivor benefit rate. However, the FMB can limit the amount that you could be paid from your husband's account, even if a combined family maximum is involved.

Our software (https://maximizemysocialsecurity.com/purchase) is designed to handle all of the computations involved in a situation such as yours, so you may want to strongly consider using the software to determine if the benefit payments that you and your son are receiving are accurate.

Best, Jerry