Ask Larry

Can I collect early on Lisa social security and then switch at 70 1/2 to my account and do the same for Lisa she collects at 62 from mine and then switch to hers at 70 1/2

Hi. I assume Lisa is your spouse. The only way that either you or your wife could apply for spousal benefits without also being forced to claim your own benefits at the same time is if you or she were born prior to January 2 1954. Otherwise, whenever either of you applies for spousal benefits or your own benefits you'll be deemed to be applying for both benefits at the same time (https://www.ssa.gov/benefits/retirement/planner/claiming.html).

By the way, you almost certainly wouldn't want to wait past the month you reach age 70 to claim your own benefits. Social Security retirement benefits stop accruing delayed retirement credits (DRC) when you reach age 70, so there is no advantage to waiting past then to claim your own benefits.

It sounds like you and Lisa 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 am 67 and 3 months. My question is my husband is 70 1/2 and is collecting his SS benefit. We are both still working and I would like to know if I can collect half of his SS until I'm 70 and then change to mine?

Hi. No. The only way that you would be able to apply just for spousal benefits without being forced to apply for your own benefits at the same time is if you were born prior to January 2 1954. People born after January 1 1954 are deemed to be applying for both their own benefits and spousal benefits whenever they apply for either benefit (https://www.ssa.gov/benefits/retirement/planner/claiming.html).

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 began collecting SS survivor benefits on my husband's record when I turned 60 in 2018.
I had already resigned/retired from my Job in early 2018 to provide FT care to my mom. I plan on filing for SS on my record, much beyond FRA , probably at age 70.
I am thrilled to be eligible for Medicare later this year as my premiums are too high. . Do I apply for Medicare under my late husband's record on which I am collecting, or my record? I don't want to inadvertently claim Ss on my record, waiting until 70.
What do you think of this plan?

Hi. Since you're already collecting survivor benefits you won't need to file an application for parts A & B of Medicare. Social Security will automatically enroll you in those parts of Medicare effective with the first day of the month in which you reach age 65. The only way that you'd need to contact Social Security is if you want to decline optional part B of Medicare, which you almost certainly wouldn't want to do unless you have coverage through an employer group health plan.

You will initially be enrolled in Medicare under your husband's Social Security record, but that will change automatically if and when you claim your own benefits in the future. Waiting until age 70 to claim your own benefits is probably your best option, but 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. By the way, you'll probably only want to apply for your own benefits in the future if your own benefit rate is higher than your survivor rate.

If you also want to enroll in a Medicare part D prescription drug plan or a Medicare Advantage (i.e. part C) plan, you'll need to do that through a private insurance company. For more information, refer to the following Medicare website: https://www.medicare.gov/drug-coverage-part-d/how-to-get-prescription-drug-coverage.

Best, Jerry

I pay a penalty for not initially signing up for Plan B every month of close to 200.00 a month. Anyway to relieve or stop the penalty without losing Plan B?

Hi. Probably not, assuming that you enrolled in Part B after reaching age 65. If you enrolled in Part B prior to age 65 based on a disability, you'd get a new initial enrollment period (IEP) at age 65. That would allow you to re-enroll at age 65 without the late enrollment penalty.

But, if you enrolled in Part B after your age 65 IEP was over, then you're likely stuck with the resulting late enrollment penalty. The only way that you wouldn't have to pay the penalty is if the reason you enrolled late was because you were covered through an employer group health plan (EGHP) based on your work or your spouse's work (https://www.ssa.gov/help/iClaim_medSEP.html). If that was true, though, then you probably wouldn't be paying a late enrollment penalty now.

Best, Jerry

I'm eligible to start drawing on my government pension at age 65. I fall under WEP. I will be 64 in June of 2023. I started drawing my SS at age 62 1/2. I understand that I will keep receiving my current SS benefit payment until I actually start receiving my pension. I have 22 years of substantial earnings. I understand that my SS benefit will be reduced at the time I start drawing on my government pension.

I want to be able to understand how much my surviving spousal benefit will be reduced since I'm part of WEP. I need to get an idea of what my monthly SS benefit would be under my spouse if he passes.

My husband started collecting SS Disability at age 61 and 10 months. He will be 63 in September 2023. His monthly disability benefit is based upon his full retirement age of 67. His monthly SS Disability benefit is almost three times the amount of my monthly SS benefit.
I need to understand how I can calculate my surviving spousal benefit if my husband dies before me and I draw his SS (disability ??) benefit how much will my WEP affect my spousal benefit? I keep reading that the deceased spouse has to reach full retirement age for the surviving spouse to collect 100% of his benefit.
My situation is rather complicated due to WEP plus my husband is drawing SS disability benefits. I understand when he turns his full retirement age of 67 that his SSDI will convert over to regular SS benefits. Not sure if this changes anything.
If I purchase your software calculator will I be able to plug in our different scenarios to arrive at what my spousal survivor benefit would be?
Any assistance I can get would be appreciated.
Thanks so much

Hi. The Windfall Elimination Provision (WEP) won't have any effect on your spousal or survivor benefits, at least in a direct sense. WEP can only affect Social Security retirement or disability benefits, not spousal or survivor benefits.

However, there is a different provision, the Government Pension Offset (GPO) provision, that can affect spousal and survivor benefits (https://www.ssa.gov/pubs/EN-05-10007.pdf). If you receive a pension based on your work for a governmental agency (i.e. federal, state, county or municipal) in the U.S. that was exempt from paying Social Security taxes, then any Social Security spousal or survivor for which you would otherwise be eligible would likely be offset by 2/3rds of the gross amount of your government pension.

Our software is fully programmed to handle both WEP and GPO calculations, so you may want to strongly consider using the software (https://maximizemysocialsecurity.com/purchase) to help you with your retirement planning.

Best, Jerry

HI Larry,
My question is about payback of last payment after death. I am the representative payee of my deceased brother's social security. He died in May 2022 and received his last payment in June 2022. This payment needs to be paid back. A federal hold was placed on his account for that payment. Social Security requires me to pay back the payment but I don't have access to the money due to federal hold. Every month since July I have talked to Social Security and was told they would retrieve the payment. Mean while they have never retrieved the money and it is in the processing center. They assigned the debt to my social security in November and are getting payments from my social security. I have been told not to pay it off as they should retrieve it but it is stuck in never never land. I was wondering if you have any idea on how to get them to retrieve it or if I pay it back on how to get the federal hold off his bank account. He has not other assets and there is no probate for him. The current federal hold is until 2099 (I get this info from the bank). If you have any ideas on how to resolve this I would greatly appreciate it.

Hi. I'm sorry, but I don't know of a solution to your problem. My expertise is limited to Social Security benefits, and I have no knowledge of banking rules and frozen bank accounts. What I can tell you is that it's actually the U.S. Treasury Department, not Social Security, that is responsible for retrieving Social Security payments that were directly deposited to a person's bank account. Once Social Security notifies the Treasury Dept. of a person's death, the Treasury Dept. is supposed to coordinate with the bank involved to retrieve the incorrect payment.

The only thing I could suggest trying is to contact the offices of your U.S. congressional representative or one of your U.S. senators. In many cases, an inquiry sent to a federal agency by a member of Congress on behalf of a constituent can get expeditious results.

Best, Jerry

My husband and I have been married 13 yrs (together 25th). I've always been a housewife and would rely solely on my husbands SS benefits upon his retirement. I'm 63 and my husband is 49. Will I be eligible for widows benefits if something should happen to him as I'm over 60?

Hi. Yes, as long as your husband is insured for Social Security benefits it sounds like you'd be eligible for widow's benefits in the event of his death (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html). To be fully insured for Social Security benefits you need to earn 40 quarters (QC) of coverage, which is the equivalent of having roughly 10 years of Social Security covered earnings. However, fewer QCs are required for insured status if a worker dies prior to age 62.

It sounds like you'd also likely qualify for spousal benefits while your husband is still living, but you can't get spousal benefits at least until your husband starts drawing either Social Security retirement or disability (SSDI) benefits. You and your husband may want to consider using our software (https://maximizemysocialsecurity.com/purchase) to help you with your Social Security planning.

Best, Jerry

I am 64 and will be working full time until the end of May this year. I will have made over $21,240 by that time. I will then be working another job part-time after that. If I file for Social Security benefits, will be benefits get reduced?

Hi. Your monthly Social Security retirement benefit rate will be reduced for age if you claim benefits prior to your full retirement age (FRA). With regard to your earnings, though, you could be paid benefits for any month(s) that you don't earn more than $1770 in 2023 regardless of how much you earn in the calendar the year (https://www.ssa.gov/benefits/retirement/planner/rule.html). In the first year that you claim benefits, either the annual earning test or the monthly test can be used. Social Security would pay you based whichever of the two tests allows you to be paid the most benefits.

Your best filing strategy depends on a number of different factors, so before deciding when to apply for your benefits 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. The software is fully programmed to handle earnings test considerations.

Best, Jerry

Hello,
My wife and I had got divorced in 2017 The house is now titled to her alone. But I am still on the mortgage from our original purchase together back in 2001. During the divorce she decided she wanted to split the proceeds from the house if ever sold with me 50/50 its legally part of the divorce. My question is I have been on SSDI for 3 years I live in Ohio. If she pays me like the divorce decree states will me receiving this money throw me off SSDI monthly disability? Especially since I am no longer the owner with her? Just on the mortgage together

Hi. No. Income from the sale of a home is considered as unearned income as far as Social Security is concerned. The only type of income that can affect Social Security disability (SSDI) benefits is earned income, specifically wages or self-employment earnings.

Best, Jerry

Hello I will be 62 on 2/8/23. I worked for the railroad from 1997-2016. I'm looking to retire at 62 and was wondering if you knew the benefit amount I would receive for the different age brackets from age 62 thru 67?

Hi. No, I'm afraid not. What I can tell you, though, is that if you apply for Social Security benefits, your benefit rate will be based only on your Social Security covered earnings, not your railroad earnings. You could use our software (https://maximizemysocialsecurity.com/purchase) to calculate your respective Social Security benefit rates at ages 62 through 67, but the software isn't programmed to handle Railroad Retirement (RR) benefit computations.

When and if you apply for RR benefits, your benefit rate will be calculated by the Railroad Retirement Board (RRB). RR benefits are two tiered. Tier 1 benefits are designed to be a substitute for Social Security (SS) benefits, and they are calculated using both a person's SS and RR earnings. Tier 2 RR benefits are based only on RR earnings.

If you end up applying for both RR and SS benefits, the RRB will offset your Tier 1 RR benefits dollar for dollar by the amount of your SS benefits. So, your best filing strategy depends in large part on your relative benefit rates. You may want to contact the RRB to get an estimate of your RR benefit amounts, and to discuss your various filing options with them.

Best, Jerry