Ask Larry

I applied for widow's benefits and was told I didn't qualify. Reasons #1 We must have been married under the laws of California when he died and I will still living with him when he died. or, #2 the ceremony that We went through was, a legal marriage and,I have the same rights as a spouse to inherit under the laws of California. And then it goes to say the facts that they have do not show that any of these requirements is met. We never divorced, but were separated. He lived in California were he died and I for the past 6 years in Las Vegas. I have marriage certificate and waiting for death certificate. I had to apply for amended death certificate. Now I need to appeal SSA decision. What's the best avenue for me to take?

Hi. If you were legally married to your deceased spouse then you wouldn't need to have been living with him to potentially qualify for widow's benefits. The only benefit that requires living together is the $255 lump sum death benefit. The full requirements for widow's benefits are listed in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html. As long as you meet those requirements, then I don't know why Social Security would have disallowed your claim.

It sounds like filing an appeal is probably your best option, and you can find the instructions for doing so on the following Social Security website: https://www.ssa.gov/apply/appeal-decision-we-made.

I'm not familiar with the California state laws on non-marital domestic relationships, so if you had something other than a traditional marriage then I can't tell you whether or not you're eligible for widow's benefits.

Best, Jerry

My birth date is July 1953. I am currently receiving spousal benefits. Can I delay filing for my retirement benefit at age 70 until January 2024 in order to reduce my income for 2023?

Hi. Yes. If you file an application for your own Social Security retirement benefits in January 2024, you can then claim the benefits retroactively to July 2023. Social Security will continue to pay your spousal benefits until your application for retirement benefits is processed. Assuming that your own benefit rate is higher than your spousal rate, they will then pay you back pay for the difference in the two benefit rates.

Best, Jerry

My wife is disabled. She is 63, as am I. She last worked 6/2020. She left her job early as she no longer was able to perform the job. At the end of 10/2022, we submitted an application for SSDI. As of today the review is about 50% complete. I'm now questioning whether we should continue it or cancel it.

Prior to opening the application, our plan was for both of us to begin SS at 66 years 10 months. She would apply for 1/2 of my SS amount as I will get over twice what she would be getting under her own.

My understanding was when we applied for SSDI that at age 66/10 months we could cancel the SSDI and then assume regular SS payments. Now I'm learning that we can't do that and must continue whatever the monthly amount is for SSDI going forward at 66/10 months. Is that true?

Unfortunately, I cannot run a new projection for her as that option has been suspended while they review her SSDI case! The last one I ran was 10/2022 before the COI increase.

Any help you can provide is appreciated! Thanks!

Hi. Not exactly. It's true that if your wife starts out drawing SSDI benefits she couldn't 'cancel' those benefits and instead 'assume regular' Social Security benefits, but there's almost certainly no downside to that. Even if your wife starts out drawing Social Security disability (SSDI) benefits, she could still potentially qualify for higher spousal or survivor benefits later.

Here's how it works. SSDI benefits are calculated at 100% of a person's primary insurance amount (PIA), which is equal to the amount they would receive if they start drawing Social Security retirement benefits at their full retirement age (FRA). So, qualifying for SSDI benefits basically allows a person to start collecting their full Social Security retirement age benefit early. If a person continues to qualify for SSDI benefits until they reach FRA, their SSDI benefits automatically convert to regular Social Security retirement benefits at the same benefit rate.

If your wife is collecting either SSDI or Social Security retirement benefits when you apply for your benefits or die, she could still potentially qualify for additional spousal or survivor benefits if her spousal or survivor rate is higher than her own benefit rate. If that happens, though, your wife wouldn't stop drawing her own benefits and start drawing just spousal or survivor benefits. Instead, Social Security would continue to pay your wife her own benefits plus an additional excess spousal or survivor benefit that would increase her total benefit amount to the higher spousal or survivor rate.

For example, let's say Trudy starts out drawing SSDI benefits at age 63. Trudy's PIA is $1000, so that is the monthly amount that she can be paid in SSDI benefits. When Trudy reaches FRA her SSDI benefits automatically convert to regular Social Security retirement benefits at the same benefit rate. Later on, when Trudy's husband reaches age 70, he applies for his benefits. Trudy's husband's PIA is $3000, but since he waited until age 70 to start collecting his monthly benefit rate is increased by delayed retirement credits (DRC) to $3670.

Since Trudy's husband's PIA is more than twice as much as her PIA, Trudy can claim spousal benefits when her husband claims his benefits. Trudy's spousal benefit amount is then calculated by subtracting her PIA from 50% of her husband's PIA, which in Trudy's case amounts to $500 (i.e. $3000/2 - $1000). That $500 spousal benefit is then paid in addition to Trudy's own benefit of $1000 to give her a combined monthly benefit rate of $1500, or 50% of her husband's PIA. Furthermore, if Trudy's husband dies before her, her spousal benefit would convert to survivor benefits at a rate of $2670, which is the difference between Trudy's own benefit rate and her husband's full benefit rate (i.e. $3670 - $1000). That would result in Trudy being paid a combined benefit amount of $3670 (i.e. $1000 + $2670), or 100% of her husband's full benefit rate inclusive of his DRCs.

It sounds like you and your wife 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 decided to postpone receiving my social security benefits until I was 70.

I was born in 1953. I was married more than 10 years. I did not realize until I applied for my benefits, that I could have been receiving benefits based on my ex husband's earnings. Is there any way I can acess more than 6 months of the benefits I did not receive?

Hi. Probably not. Six months is the maximum retroactivity allowed on claims for divorced spousal benefits (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204030). So, for example, if you apply for divorced spousal benefits in January 2023, you could only claim back pay retroactive to July 2022.

About the only way that you might be able to receive more than 6 months of retroactive benefits is if an earlier protective filing date was established for you, and if that protective filing date hasn't been closed out by Social Security. For more information about protective filings, refer to the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204010.

Best, Jerry

My wife had a stroke 15 years ago. She has remained on SSDI. I am newly retired and do not plan to take SS till I reach full retirement age +, I heard that there is a possibility for my wife to have her SSDI redone at age 65, and potentially increased if her amount is 1/2 or less than mine. Is this true and where can I find this in writing?

Hi. Your wife's Social Security disability (SSDI) benefits won't be redone when she reaches age 65. However, when she reaches her full retirement age (FRA) her SSDI benefits will be converted to regular Social Security retirement benefits. That conversion won't change her benefit rate, though.

Your wife may be able to qualify for spousal benefits based on your Social Security record, but she can't qualify for spousal benefits at least until you apply to start drawing your benefits. And, she'll only be eligible for spousal benefits if 50% of your primary insurance amount (PIA) is more than her 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), or their full SSDI benefit rate.

In other words, if your PIA is more than twice as much as your wife's PIA, then when you start drawing your benefits your wife can potentially qualify for a spousal benefit to be paid in addition to her own benefits. Your wife's unreduced spousal rate would be calculated by subtracting her PIA from 50% of your PIA, but her spousal amount would be reduced for age if she starts drawing spousal benefits prior to her FRA.

It sounds like you 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 your best overall strategy for maximizing benefits for you and your wife.

Best, Jerry

I was born 1961 my birthday was january 28 thinking to retirement can I get cola

Hi. No. Only people who were born before January 2 1961 will have the recent 8.7% cost of living (COLA) increase added to their Social Security retirement benefit rate.

Best, Jerry

If my children and I receive survivors benefits can we move to Mexico?

Hi. If you're U.S. citizens, then yes you can continue to be paid benefits while living in Mexico. However, if you aren't U.S. citizens, then whether or not you could be paid benefits while in Mexico depends on your country of citizenship, and how long you lived together in the U.S. with the deceased worker on whose Social Security record you are collecting benefits. For more information, refer to the following Social Security publication: https://www.ssa.gov/pubs/EN-05-10137.pdf.

Best, Jerry

My social security benefits were calculated January 4/2023, to begin that same month. The estimate of $2976 is exactly the same amount I had been tracking on my online account in December 2022. I have requested a reconsideration beacuse the December online amount which matches the amount on the benefits letter does not reflect the COLA increase. Is my reasoning correct and can I expect a reconsideration in my favor? Thank you

Hi. Without knowing your full Social Security covered earnings history, I have no way of knowing what your correct benefit amount should be. Therefore, I can't tell you whether or not you can expect a favorable reconsideration determination.

Best, Jerry

my full retirement age date, i believe is April 7, 2024, my birthday is october 7, 1957. What date should i submit my paperwork to receive social security, to be effect april 7, 2024, i believe?

Hi. You're correct that if you were born on October 7 1957, then your full retirement age (FRA) for Social Security retirement benefits is April 2024. Social Security will consider you to be FRA for that entire month, so if you want to claim your benefits effective with your FRA then you would choose April 2024 as your month of election to begin Social Security benefits. By the way, Social Security pays benefits a month behind, so your payment for April 2024 would be scheduled for delivery in May 2024.

Social Security allows applications to be filed up to 4 months in advance, so if you want to start your benefits effective with April 2024 you could apply as early as December 1 2023. Before applying, though, you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your various options so that you can be sure to choose your best strategy for maximizing your benefits.

Best, Jerry

I am currently receiving disabled widows benefits. I was receiving SSI but when I turned 50 they switched me to disabled widows pay. At what point will I begin receiving 100% of his benefits?

Hi. Unless you were receiving Social Security disability (SSDI) benefits when you started drawing disabled widow's benefits (DWB), you'll never receive 100% of your deceased husband's benefits. DWB benefits are calculated at a rate of 71.5% of the deceased worker's full retirement age rate, or primary insurance amount (PIA), and that 28.5% rate reduction is permanent unless the disabled widow was entitled to SSDI benefits at the time they started collecting DWB benefits.

If you were receiving Supplemental Security Income (SSI) benefits at the time you became eligible for DWB benefits, then you likely had no choice other than to apply for DWB benefits. SSI is a needs based benefit administered by Social Security, and it is intended as a payment of last resort. One of the conditions for receiving SSI benefits is that you must apply for any other type of benefits for which you're eligible, even if the other benefit amount is reduced for age as a result of claiming it early. So, if you had refused to apply for DWB benefits at age 50, Social Security would have stopped paying you SSI benefits anyway.

Best, Jerry