Ask Larry

I have been drawing my social security disability since 1997 and my widows benefits since 2017 from my deceased husband. I will turn 65 on May 2023. How will my income change when I do turn 65.

Hi. Your benefit rate won't change as a result of you reaching age 65. However, since you were apparently already drawing Social Security disability (SSDI) benefits when you started drawing widow's benefits, effective with the month you reach full retirement age (FRA) Social Security should remove any reduction for age that was originally applied to your excess widow's benefit rate. If you were born on any day in May 1958 other than May 1st, you would reach your survivor benefit FRA in September 2024 (https://www.ssa.gov/OP_Home/cfr20/404/404-0409.htm).

Removing the age reduction applied to your widow's rate should increase your overall benefit rate at least somewhat, unless your deceased spouse collected reduced Social Security retirement benefits prior to his death. Even if you are due a rate increase when you reach FRA, though, Social Security may not process the increase immediately upon your reaching FRA. However, once they do process the recalculation they would pay you any back pay to which you're entitled.

Best, Jerry

My husband and i have a 20-year-old son who is significantly disabled. My husband just applied to receive his Social Security income, as he turns 70 next week. I am 66 and plan to wait until I am 70 to receive my SS income. My question: Am I eligible to file a "restricted application" based on meeting one of the two exceptions to the requirement of being born by Jan.1, 1954 to be eligible? My understanding is that one of the exceptions to the age restriction is caring for a child who is under 16 or disabled. So I am wondering since my son is disabled, whether I could collect 50% of my husband's SS income until I apply at 70. And in case this is relevant: Our son is in a residential special ed school (he comes home for overnight visits) and will enter an adult developmental disability residential program after school ends for him later this year. The majority of his financial support currently is not coming from us. However, we care for him in that we manage all his services and needs, visit him as often as we can (at least weekly) and are saving for a home to purchase for him. Thank you for your assistance!

Hi. If your son qualifies for disabled adult child (DAC) benefits and if he is classified as being in your care by Social Security regulations, then yes you could file a restricted application for child in care spousal benefits without being required to apply for your own Social Security retirement benefits at the same time.

I assume from your description that your son is mentally impaired, and in that case it sounds like you would probably meet the definition of having him in your care. Detailed information about child in care requirements for children who don't regularly live with their parent can be found in the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310035.

Whether or not you qualify for child in care spousal benefits, though, your best overall filing strategy depends on a number of different factors. You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options in order to make sure you choose the best possible filing strategy for maximizing benefits for you and your family.

Best, Jerry

I recieve ssi and me and my husband seperated.i was stuck in a lease and rent was $336 more then my ssi benefit.so my step mom has been helping me so me my daughter n grandson wouldn't end up in the street.will I lose my ssi?

Hi. If you step mother gave you money for any reason, that could potentially reduce the amount of Supplemental Security Income (SSI) that you could be paid for the month(s) of the gift. Separating from your spouse could also have an effect on your SSI benefits, so I would suggest that you report all of the changes mentioned in your question so that Social Security can make any necessary changes to your benefits. SSI is a needs based program, so people receiving SSI are required to report changes in their income, resources, and living arrangements.

Best, Jerry

I am currently recieving sis/ssdi for a neurological condition/learning disabilities. Although my onset dated was listed by SSA as later after the age of 22. the last year I worked , was the year I was 22 since my birthday was in late December the previous year. The year I was 22 My earnings were 4,856 for the whole year. 2009. so no sustained SGA , at-least not over 6 months if at all. all of my work history before there were relativly short attempts not lasting more than 6 months before ended because of my disability.
I recently obtained a letter from my pediatrician neurologist that originally diagnosed me with my disabilities as a small child back in the 90s and I sent the letter certified to social security. do you think this would help my case ? or do you happen to have any recommendations for me to improve my chances of approval ? i've been very anxious about this.

Hi. My answer assumes that you've applied for disabled adult child's (DAC) benefits, since that's the only type of Social Security benefit that requires a person's disability to have begun prior to age 22.

Any medical evidence that you make available to Social Security that documents that your condition(s) became disabling prior to age 22 could potentially be helpful. In addition to being medically disabled since prior to age 22, though, in order to be able to qualify for DAC benefits you can't have done any work that Social Security would define as substantial gainful activity (SGA) since turning age 22.

The monthly SGA limit in 2009 was $980 for non-blind individuals, so if you earned more than that in any month after your 22nd birthday then it could present a problem. However, even if you did earn more than the SGA in some months after reaching age 22, it may not prevent you from qualifying for DAC benefits if Social Security classifies the work as an unsuccessful work attempt (https://secure.ssa.gov/apps10/poms.nsf/lnx/0411010145). Assuming that you are in fact applying for DAC benefits, then you'll want to tell Social Security about any work that you did after turning age 22, including any details that explain why you believe the work was not SGA.

Best, Jerry

Professor Larry, I have NJ police & fireman's pension that I started collected in 1998. in the years after until 2014 I worked full time paying into SS. Total payed to SSA for all years are me/ $19,791 and my employers/$19,048. I can supply the earnings records from SSA if requested. My Pension is considerably higher than the $1600 a month SS stated in their letter. I was told that my monthly payment due to WEP would be under $300. How do I go about appealing this to the SSA and what forms would I need. be advised at the time I started collecting I was told by the agent there wasn't any appeal process.....Thanking you in advance.....Richard

Hi Richard. You can't file an appeal questioning your benefit rate unless and until you apply for benefits and receive a determination from Social Security. Once you receive a notice of their determination, you have 60 days in which to file an appeal. The first appeals step is called reconsideration, and you can request a reconsideration either by using the following Social Security webpage: https://www.ssa.gov/apply/appeal-decision-we-made/request-reconsideration, or by submitting a completed form SSA-561 (https://www.ssa.gov/forms/ssa-561-u2.pdf) to Social Security.

By the way, Social Security retirement benefit rates are calculated based on an average of your best 35 years of Social Security covered wage-indexed earnings. The amount of Social Security taxes paid by you and your employer(s) isn't a direct factor in the benefit calculation process. Therefore, there isn't enough information in your question for me to know whether or not the benefit rate quoted to you by Social Security is likely accurate.

It does sound like your Social Security retirement benefit rate will probably be subject to reduction due to the Windfall Elimination Provision (WEP), though. When a person is collecting a pension based on their earnings that weren't subject to Social Security taxes, WEP can cause their Social Security retirement or disability benefit rate to be calculated using an alternate, less generous, benefit computation formula (https://www.ssa.gov/pubs/EN-05-10045.pdf).

Our software (https://maximizemysocialsecurity.com/purchase) is fully programmed to handle both WEP and non-WEP benefit calculations, so you may want to use the software to get an accurate estimate of your benefit rate and to fully compare and analyze all of your filing options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

Is the flex card legit 70 years old I like to know

Hi. I'm sorry, but I have no idea what you are referring to by a "flex card". I'm only able to answer questions about Social Security benefits.

Best, Jerry

I have a small $600 pension from Maine. I will be subject to WEP. In my case it will be half of the pension amount. I have considered rolling the pension into a IRA before reaching retirement then I would not be subject to WEP. What are your thoughts? Also does the calculator have this option? lastly the value of the money in the pension is about 40,000.00 so would not generate a large monthly amount.

Hi. If you figure that your monthly Social Security retirement benefit rate would be $300 less if you receive a $600 non-covered pension, then you'd need to decide if forfeiting your pension would be a better overall financial decision for you. I can't make that decision for you.

One cautionary thing I would say is if you do decide to rollover your pension, make sure that it meets the definition of a withdrawal for Windfall Elimination Provision (WEP) purposes. To count as a withdrawal that would not result in any WEP reduction to your Social Security retirement benefit rate, the withdrawal must consist of only your own contributions and interest, and it must be made before you are eligible to receive a pension (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605364).

Our basic software (https://maximizemysocialsecurity.com/purchase) could calculate your Social Security benefit rates with and without reduction due to WEP, but it wouldn't help you with your pension vs. IRA comparisons. You might want to consider using our Maxifi Planner software (https://maxifiplanner.com/), which is a full feature financial planning software program.

Best, Jerry

I'm receiving Metlife LTD I paid for when employed by my employer. Now that I am 64, 65 in June, social security said I can collect my husband's (I'm a widow) social security; NOT SSDI OR Social security disability but his "social security widow benefits. I realize Metlife can reduce my disability by the amount I receive for SSDI or my husband's SSDI BUT this is social security retirement not disability. So can Metlife reduce their monthly payment to me by my husband's social security I would receive? I'm going around in circles with Metlife & SS online searches as they keep referring to SSDI not retirement. Please advise as if Metlife can attach (reduce my disability benefits) my husband's social security payment to me then I would wait an additional 5 months but if not I could really use the additional amount to save my home. Thank you, Donna

Hi Donna. Whether or not MetLife could reduce your LTD payments if you start drawing widow's benefits depends on the terms of your LTD policy. I have no idea what those terms might be, so I can't answer your question. Unless you have a copy of your policy, you'll likely need to check with MetLife for an answer.

My expertise is limited to Social Security benefits, and all I can tell you is that the fact you receive LTD benefits would have no effect on any type of Social Security benefits for which you qualify.

Best, Jerry

I am a widow on social security with xtra help, snap benefits, and draw a pension. If I sell my house how will my social security be effected?

Hi. Your Social Security benefits would not be affected by the sale of a house. However, both Medicare extra help and SNAP benefits are needs based, so those benefits could potentially be stopped or reduced if you sell your home.

Best, Jerry

My wife began taking her full benefits at FRA. I began taking spousal benefits at FRA with the intention of waiting until 70 for mine. We were both born in 1953. I can no longer see what my full benefit will be at 70 at SSA. Can I manually calculate by going back to my FRA benefit? Also, does the benefit increase by the COLA and the 8% yearly increase? OR, can I obtain this amount by contacting SSA? Thanks!

Hi. Yes. If you haven't had earnings since your full retirement age (FRA) that were high enough to increase your benefit rate, then you could get a good approximation of your current benefit rate by adding both the delayed retirement credits (DRC) you've accrued since FRA and the Social Security cost of living (COLA) increases that have been added since then.

You could try calling Social Security to ask them to tell you your current benefit rate, but I don't if they'd actual be able to give you the correct amount. It would largely depend on the training level of the representative you happened to be connected with. Or, you could use our software (https://maximizemysocialsecurity.com/purchase) to get an accurate calculation of your benefit rate, and to fully compare and analyze all of your options so that you can determine your best filing strategy for maximizing your benefits.

Best, Jerry