Ask Larry

How do I reinstate SSDI benefits?

Hi. The answer to your question depends on why your benefits were suspended or terminated. If your Social Security disability (SSDI) benefits were terminated because of work or medical improvement, then you'd need to file a new application for SSDI benefits with Social Security. However, if your benefits are in suspense due to work and earnings, to reinstate your benefits you'd need to contact Social Security and submit evidence that shows your earnings have either stopped or have been reduced to below substantial gainful activity (SGA) level.

There are other reasons for suspension of SSDI benefits (e.g. recovery of an overpayment, incarceration, returned payment, etc.), and there are different requirements for getting benefits reinstated for each of those occurrences. Therefore, you should probably just contact Social Security so they can look up your records and inform you of what's required to get your benefits re-started.

Best, Jerry

I am a host home provider for two single adults that are disabled am I claiming income under my business name and it i don't pay taxes because it's a foster care thing.
Am I allowed to apply for disability? And how would this affect the income or the amount that I would receive

Hi. Yes. Anyone can apply for benefits from Social Security, regardless of whether or not they are actually eligible for benefits. Social Security must then make a determination as to whether or not the person actually qualifies for benefits.

The only type of income that might prevent you from qualifying for Social Security disability (SSDI) benefits is earned income. There's no limit on the amount of unearned income that a person can receive and still potentially be able to qualify for SSDI benefits.

If a person is working for wages or is self-employed, their earned income can prevent them from being able to qualify for SSDI benefits if their earnings average above the amount that Social Security considers to be substantial gainful activity (SGA). The monthly amount of earned income that Social Security considers to be substantial gainful activity (SGA) in 2023 is any amount over $1470 for non-blind individuals, or over $2460 for blind individuals.

Foster care payments typically wouldn't be categorized as earned income. However, if you operate a business and if the net earnings from your business are subject to self-employment taxes, then that income would be classified as earned income for SGA purposes. So, whether or not you might be able to qualify for SSDI benefits depends on whether or not you have any earned income, and if so how much.

No matter what, though, it doesn't cost anything to apply for Social Security benefits. So, if you believe that you're disabled, you should probably go ahead and file an application for benefits from Social Security. They will then make of formal determination of whether or not you qualify for benefits.

Best, Jerry

Iam 68 i receive my ssi and a small widows pension. I have been told that I can collect my husbands ssi instead because he was the main income and i got injured and was only receiving disabilty. How does that work?

Hi. My answer assumes that you are collecting Social Security widow's benefits from your deceased husband's record. If that's the case, then it sounds like you're already receiving as much as you can from your deceased husband's Social Security record. You can't be paid both your deceased husband's full benefit rate plus your own Social Security benefit. If you're already collecting your own Social Security benefits and if your deceased husband's benefit amount was higher than yours, you would then be eligible for your own benefit rate plus a partial widow's benefit equal to the difference between your own benefit rate and your deceased husband's rate. That would result in a combined benefit amount that's basically equal to your husband's higher benefit amount. Based on the description in your question, it sounds like that's what you're getting.

However, if you're unsure about what you're receiving, I would suggest contacting Social Security. They have access to your records, so they should be able to tell you whether or not you might be eligible for any additional benefits.

Best, Jerry

I reach my FRA August 2023. My wife took SS at 62 and her FRA is May 2025. If I take my SS now and then opt to exit out before one year and repay my benefits and spousal benefits, will my wife's spousal benefit recalculate to the new date I apply for SS? Thanks.

Hi. Yes. If you file for benefits now but subsequently withdraw your claim, when you reapply for benefits both your benefit amount and your wife's spousal amount would be calculated based on your ages as of your new benefit entitlement dates.

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 best overall strategy for maximizing your benefits.

Best, Jerry

My spouse was a low earner and claimed her retirement benefits at age 64 rather than waiting to full retirement age. She is now 66.5 years, so just past full retirement age. I am a relatively high earner, age 66, and will claim at age 70. I have recently learned that her decision to file early will her reduce the spousal benefit she receives when I claim at age 70. I think she will lose something like 15% of the spousal benefit. If she suspends payments now, will that improve her eventual spousal benefit, or is that decision locked in.

Hi. No. The fact that your spouse claimed her benefits early won't reduce the amount of spousal benefits she may be able to receive from your account. And, suspending her own benefits could only reduce her spousal benefit rate, not increase it.

Here's how it works. Once a person starts drawing their own Social Security retirement benefits, those benefits continue to be paid for the rest of their life. If they later become eligible for a higher spousal or survivor benefit rate, they can receive a partial spousal or survivor rate that's then paid in addition to their own benefit rate. Any reduction for age that applies to each benefit is calculated separately based on the person's age at the time they start drawing the benefit.

For example, say Amy filed for her Social Security retirement benefits in 2020 at age 64. Amy's primary insurance amount (PIA), or full retirement age rate, would be $800, but Amy's rate is reduced for age to $675. Later, after Amy reaches full retirement age (FRA), her husband applies for his benefits. Amy's husband's PIA is $3,000, and Amy's unreduced excess spousal rate is then calculated by subtracting her PIA from 50% of her husband's PIA. In Amy's case, that amounts to $700 (i.e. $3000/2 - $800). Amy's spousal rate is not reduced for age since she is over FRA when she becomes eligible for spousal benefits, so she is eligible to receive her full spousal benefit of $700. That amount is then added to Amy's own reduced rate of $675 to give her a combined benefit amount of $1,375 (i.e. $675 + $700).

If Amy in the above example voluntarily suspended her own benefits between FRA and age 70, her spousal benefit would then be calculated by subtracting her PIA inclusive of delayed retirement credit (DRC) increases from 50% of her spouse's PIA. That would result in a lower spousal rate since her spousal benefit amount would then be reduced dollar for dollar by the amount that her PIA was increased due to DRCs. And, it would not increase Amy's combined benefit amount.

The best overall strategy for you and your wife depends on numerous different factors, so you may want to 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

Hello, I am a divorced non-resident alien ex-spouse living in the UK. I am a UK national and my husband was a US citizen. I lived in the US for a number of years. I know that I will receive a social security payment based on my ex husbands contributions shortly when he turns 62 (I am already. 62). However, when I lived in the US I also made voluntary contributions to the UK state pension. Therefore I am fully paid up in the UK system and am also entitled to Social Security base on his contributions. Will I be able to receive the full UK state pension and all the US social security or will some of the US social security be taken away? Thanks

Hi. My expertise is limited to the U.S. Social Security system, so I can't tell you for sure if your U.S. benefits will have any effect on your U.K. pension. What I can tell you, though, is that your U.K. pension won't have any adverse effect on your U.S. Social Security divorced spousal benefits. However, if you start drawing your divorced spousal benefits prior to your full retirement age (FRA), your benefit rate will be reduced for age. You may want to 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

can you woukand collect your decrease ex spouse social security

Hi. To qualify for surviving divorced spousal benefits, you must meet the following conditions:
1) You are either a) age 60 or over; or b) at least age 50 and disabled;
2) Your ex-spouse must have paid into Social Security long enough to be insured;
3) You are not married, or if you are married, your current marriage took place when you were age 60 or older; and,
4) You aren't already collecting Social Security retirement or disability benefits at a benefit rate that's higher than your survivor benefit rate.

However, even if you meet all of the above conditions, whether or not you could actually be paid survivor benefits prior to your full retirement age (FRA) depends on how much you are earning. In 2023, for example, people who are under their FRA throughout the year would need to have $1 of their benefits withheld for each $2 that they earn in excess of $21,240.

Your best filing strategy depends largely on a) your current age, b) how much you'll be earning prior to FRA, and c) how much your own Social Security retirement benefit rate would be in comparison to your survivor benefit rate. Our software (https://maximizemysocialsecurity.com/purchase) could help sort all of this out for you so that you can determine the best strategy for maximizing your benefits.

Best, Jerry

Hi I'm 65 been on ssdi for about 15 years I get 1.200 a month and if that's all I had I would starve to Death should I turn it into regular SSI ?? I'm selling my house soon so that's my retirement plan

Hi. By SSI, I assume you're referring to Social Security retirement benefits. Switching from your Social Security disability (SSDI) benefits to regular Social Security retirement benefits prior to your full retirement age (FRA) would likely just reduce your monthly benefit amount. And, by the way, selling your home wouldn't have any adverse effect on your SSDI benefits if that's what you're concerned about.

When you qualify for Social Security disability (SSDI) benefits, your benefit rate is calculated at 100% of your 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). Thus, qualifying for SSDI benefits is essentially like starting your unreduced full retirement age benefits early. If you continue to qualify for SSDI until you reach FRA, your SSDI benefits then convert to regular Social Security retirement benefits at the same unreduced rate.

You can't be paid both SSDI and Social Security retirement benefits at the same time, and if you switch from SSDI to Social Security retirement benefits prior to FRA your benefit rate would be reduced for age. If you were born in 1958, for example, and if you choose to start drawing your Social Security retirement benefits when you reach age 65, your retirement benefits would be paid at the rate of roughly 88.8% of your PIA. So, in other words, switching from SSDI benefits to Social Security retirement benefits at age 65 would usually just result in a significantly lower monthly benefit rate.

Generally, the only circumstances in which it might be advisable for a person drawing SSDI to consider switching to Social Security retirement benefits prior to FRA is if a) their SSDI benefits are being offset because they also receive workers compensation benefits or a public disability benefit, or b) they have an eligible spouse and/or child who could receive a higher auxiliary benefit rate because of a higher family maximum benefit (FMB) rate that might apply, or c) if the person is earning enough to cause their SSDI benefits to be suspended. If none of those apply in your case, you should almost certainly just continue drawing your SSDI benefits until they automatically convert to Social Security retirement benefits when you reach FRA.

Best, Jerry

for 2022 SS withheld Medicare B & D premiums based on an IRMAA of $380,000. My spouse retired in 2021 and for 2022 our income was less than $50,000. I completed the required form and for 2023 they have reduced the premium to the correct amount of $164.00. However their letter stated I was owed only $337.40 through December 2022, which I believe should be about $5304.00 ($616.00 x 12 = $7392.00 S/B $174.10 x 12 =$2089.20. Are they required to refund this money an dhow to I go about requesting it. It says I can file an appeal? Thank you for the help!

Hi. Yes, if you were overcharged for your Medicare premiums then the amount you overpaid should be refunded. However, there isn't enough information in your question for me to be able to tell you whether or not you are actually due a refund. If you believe that the amount you received is incorrect, you should probably file an appeal. You may also want to ask Social Security for an explanation, since they have access to all of your records.

Best, Jerry

My daughter and her partner just had a baby,he receives SSDI monthly but his mother is over his account,he lives with my daughter and not his mother,can they get his account changed to solely him or my daughter? And will the baby be eligible for benefits without his mother being over it? He has autism btw

Hi. If I understand your question correctly, your daughter's partner receives Social Security disability (SSDI) benefits, and his mother is the representative payee for is benefits. A representative payee is appointed by Social Security to handle benefits for a Social Security recipient if the person who's eligible for benefits is determined to be incapable of managing their own benefits.

If your daughter's partner has been adjudged legally incompetent by a court of law, then the legal guardian appointed by the court would almost certainly be appointed by Social Security to manage his SSDI benefits. Therefore, if the current representative payee is a court appointed legal guardian, then it's virtually certain that no one else could be appointed as payee for your daughter's partner's benefits without going to court to have the guardianship order changed.

However, if your daughter's partner is not legally incompetent, then Social Security would be responsible for deciding if a representative payee is needed, and if so, who should be appointed as the representative payee. Either your daughter could then apply to be appointed as the representative payee for her partner, or her partner could apply to be appointed as his own payee (https://www.ssa.gov/payee/). Social Security would then make a formal judgement as to whether or not your daughter's partner is capable of managing his own benefits, or if not, who is in the best position to act as his representative payee.

As for your daughter's child, he may be able to qualify for child benefits from his father's account. However, there is special family maximum benefit (FMB) formula involved when a person is receiving SSDI benefits. And, that FMB formula can result in no benefits being payable to children or spouses who would otherwise qualify for benefits on the disabled person's account.

If your daughter's minor child does turn out to be eligible for child benefits, though, then Social Security would need to make a determination on who should be appointed as his representative payee. A parent with custody is generally the highest priority representative payee, so it sounds like you daughter would most likely be first in line to be appointed to handle her child's Social Security benefits if in fact the child does qualify for benefit payments.

To apply for benefits on behalf of her child, and/or to apply to be appointed as representative payee for her partner's SSDI benefits, your daughter will need to call or visit a Social Security office.

Best, Jerry