Ask Larry

Do short term disability payments from an employer disability insurance plan count towards the social security annual income limit

Hi. By 'annual income limit', I assume that you're referring to Social Security's earnings test (https://www.ssa.gov/benefits/retirement/planner/whileworking.html). In that case, the answer to your question is no. Any type of insurance payment that is not subject to payroll taxes would not count as earnings for purposes of Social Security's earnings test.

Best, Jerry

What Do I Do If I Overpaid Medicare Premiums? How do I go about requesting a REFUND and is there a Statute of Limitations on how far back I can go? Medicare was supposed to STOP my Medicare Part-B Premiums back in 2014. They failed to notify me of this fact and as a result I have been paying Monthly Premiums ever since. They said I need to file an APPEAL and they would look into the matter. Is this a matter for an attorney?

Appreciate any assistance you can provide.

Brenda

Hi Brenda. You don't explain why your Medicare premiums were supposed to stop in 2014, so I'm not sure what recourse may be available to you. If Social Security or Medicare made an error that caused you to overpay Medicare premiums, then they can correct there error and make any appropriate refund. There is a statute of limitations, but it wouldn't apply to refunding Medicare premiums that were withheld in error.

I can't give you any meaningful advice without knowing all of the details involved, and without having access to your records. If Social Security advised you to file an appeal then you should probably consider doing so. There are time limits for filing appeals, though, so I don't know whether or not an appeal would work. You aren't required to have an attorney in order to file an appeal, but you're free to do so if you think it would help.

Best, Jerry

Hi I am over 65 and have not started collecting Social Security yet. Will I get COLA for 2023. Why sS website is not reflecting this?

Hi. Yes, your Social Security retirement benefit rate will be credited with the 2023 cost of living (COLA) increase regardless of when you start collecting your benefits. Social Security retirement benefit rates are increased by all Social Security COLAs that occur after a person turns age 62, even if they aren't yet drawing benefits.

I'm not an expert on Social Security's website, so you'll need to contact them for an explanation if you think that your benefit estimate is incorrect. It sounds like you may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to get an accurate estimate of your Social Security benefit rate, and to fully compare and analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

I collect SSDI. IF I GET MY REAL ESTATE LIC IN FLORIDA, and list my condo for sale. Will my commission from the sale effect my SSDI benefits ?

Hi. I'm not an expert on income tax regulations, but if the fact that you have a real estate license requires your to report your income from the sale of your condo as self-employment earnings, then yes it could affect your Social Security disability (SSDI) benefits. The specific effect that it may have would depend on a) the net profit from the sale of your condo and from any other real estate related sales that you make, b) whether or not you've already completed your 9 month trial work period, and c) the number of hours devoted to your real estate business.

I would suggest that you read the following Social Security publication: https://www.ssa.gov/pubs/EN-05-10095.pdf, and the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0410510010.

Best, Jerry

Hi. First of all, if your ex-spouse is still living and if you were born after January 1 1954, then you could never apply for divorced spousal benefits without being forced to claim your own Social Security retirement benefits at the same time. Therefore, assuming that your ex is living, then no you couldn't draw divorced spousal benefits at age 62 and switch to your own benefits at age 67.

Furthermore, whenever you do apply for benefits you'll only be eligible for divorced spousal benefits during your ex-spouse's lifetime if 50% of his primary insurance amount (PIA) is more than 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).

Assuming that you were born in 1960 or later, if you claim benefits at age 62 your own retirement benefits would be reduced for age by roughly 30%, and any additional divorced spousal benefits for which you qualify would be reduced by roughly 35%. And, if you're working, Social Security would need to withhold $1 of benefits for each $2 that you earn in excess of $21,240 in 2023.

It sounds like 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 was asking a question for a friend if u draw SS for two kids say each one get 500 each when the older one gets 18 goes off her part the check goes to the younger one correct like they will still draw the same 1000 for one same as 500 for two. Just was asking they won't lose no money correct. Thanks

Hi. Not necessarily. The only way that your friend's younger child's benefit amount would increase when the older child is no longer eligible for benefits is if the children's current individual benefit rates are being reduced due to the family maximum benefit (FMB) amount.

Surviving child benefits are normally calculated based on 75% of a deceased parent's primary insurance amount (PIA), or 50% of a living parent's PIA. However, there is a family maximum benefit (FMB) amount that can limit the total monthly amount that can be paid from any individual worker's Social Security record. And, as a result of the FMB, the monthly amount that's actually payable child can end up being less that their full 50% or 75% of the parent's PIA depending on the amount of FMB and the number of family members who are eligible for benefits on the worker's account.

There isn't enough information in your question for me to be able to know whether or not your friend's children's benefits are currently being reduced due to the FMB, so I can't tell you whether or not her younger child's benefit rate will increase when her older child's benefits terminate. I would suggest that she call Social Security to find out, since they would have access to the records needed to answer your question.

Best, Jerry

I am married my husband draw SS and SSI trying to dry from his dad he has never done that before I have never worked and have been signed up before 21would I have to get approved before he can draw or can he still draw from his dad if u understand what I am trying to ask. Pray u do thanks

Hi. If I understand you correctly, you're wondering if your current husband can collect benefits from his father's Social Security record. The answer to that question would be no, because a person must be unmarried to be able to qualify for child or disabled adult child benefits on a parent's account.

Best, Jerry

I have been disabled at 19 been married but never drawn SS from my dad someone said even know I draw my own check I can still get half his. That true after I divorced someone said go then sign up

Hi. The fact that you were married and divorced wouldn't prevent you from qualifying for disabled adult child (DAC) benefits from your father's account as long as you've never previously collected benefits from his record. However, if you're drawing Social Security disability (SSDI) benefits based on your own earnings history, you could only receive additional DAC benefits if your DAC benefit rate is higher than your own benefit rate. You can't collect both benefits in full.

Also, to be approved for DAC benefits you need to a) have been disabled before age 22, and b) you can't have performed any work that Social Security considers to be substantial gainful activity (SGA) since you turned age 22. In 2023, SGA for non-blind individuals is work that averages more than $1470 per month in earnings, but the monthly SGA amount was lower in previous years.

Best, Jerry

I was married in March 1977 my spouse filed for divorce in July 11, 1983 the court acquired jurisdiction on august 15, 1983 an interloculatory judgement of Dissolution of marriage was filed Jan 11, 1984 neither my spouse or I filed for final Judgement which the court paper copies I have say one of us must do for the final dissolution of the marriage I have a faded copy notice of the notice of entry of judgement clerks certificate of mailing Feb 17 1984 which is a notice of entry of judgement but neither of us filed that. So was I divorced or is that standard with the courts? as it says on the copies I have that the court can do that but not final unless one of the spouses files. My spouse passed away in Jan 2007 so I want to apply and start survivor benefits with Social security my question is can I and am I a surviving widow or surviving divorced spouse and was I married long enough to be able to collect benefits if neither of us has filed a final judgment to be divorced? I'd like to get his now then get my own at age 70 I am currently 68yrs and 5 months old right now and have never remarried. . Will Social security be able to evaluate fairly on this considering it's 40yrs and he's been dead for 16 yrs will they see there was no final judgement filed by either myself or my estranged spouse that it was just a court entry so I can get his benefits until I am 70yrs old?

Hi. My expertise is limited to Social Security benefits, so I have no way of knowing whether or not you were legally divorced under the laws of your state of residence. What I can tell you is that if you apply for widow's benefits, Social Security will require you to certify under penalty of perjury that you were still legally married at the time of your husband's death. So, before applying for benefits, you may want to seek the advice of an attorney or check with the applicable state registrar's office to see if your divorce was recorded as being final under the law.

If you were finally divorced, then you could only qualify for survivor benefits if your divorce became final on or after the tenth anniversary of your marriage date.

Best, Jerry

My husband died last November I was sent a letter stating the amount I would receive them a week later got a different notice stating I would not receive it because of the cola increase and I didn't come across anything on social security site that claims this is a valid reason for denial and I want to appeal the decision.

Hi. I'm sorry for your loss. I can't make sense out of what you were apparently told by Social Security, but you can potentially file an appeal online at the following Social Security website: https://secure.ssa.gov/iApplNMD/start. Or, you could file an appeal by completing and submitting a form SSA-521 (https://www.ssa.gov/forms/ssa-561.pdf) to Social Security either by mail or in person.

Best, Jerry